Requesting help with visitation percentages...

[Yorba Linda Mom]

What is the name of your state?What is the name of your state? california
My ex and I are supposed to have 60/40 visitation. Mine is 60% I have counted the days I have my daughter in a year, all overnight, 208 days. But here is the thing. 19 Sundays a year I pick child up at 7pm from him. Besides those 19 days a year, he has her overnight the other days. So he does not get full credit for those days? (am I right there?)

 

[mooshoo]

First there are 208.5 days. Why would this information possibly be important?

 

[nextwife]

How about let's count the number of hours per year you each have custody so we can make certain it is 60/40?

 

[stealth2]

How about let's count the number of hours per year you each have custody so we can make certain it is 60/40?

Minutes, woman - MINUTES!

 

[nextwife]

Do we start counting minutes when they leave the other parent's car - or when they finish walking in the front door?

 

[Zephyr]

LOL OP, what are you trying to accomplish by asking this question? not trying to be mean, but maybe if we had an idea of why you are making a point of the difference of a few hours, you would get more informational feedback.

 

[Yorba Linda Mom]

A few reasons...

I know it would not make a whole lot of difference, but NCP is trying to get child support reduced, and stated in his paperwork to the court. (he is representing himself) that he has child 48% of the time.
He has submitted false records to the court before, maybe the Judge will care.

 

[Yorba Linda Mom]

...And also

My ex lives 1/2 hour away from me. My daughter travels back & forth as much as 4 times during the school week according to the visitation schedule that was set up when we lived 4 miles apart and she was 4. (by the way, I have the legal right to move this far away as spelled out in our divorce)
Anyway, next step might be go back to court to give her some more stability now that she is entering middle school next year. regain the percentages that I somehow lost through different court orders over the years.

 

[Zephyr]

well that makes a little more sense then, have you been documenting when the child is with each of you? does he have proof that the child is with him more than his 40%? if he can't prove the child is with him more than ordered I don't think I would worry to much about it, especially if you have been documenting.

 

[Yorba Linda Mom]

Yes... have documented days with me!

Heres more though.
Christmas makes a big difference. In 1993 I only had her 7 days in Dec. in 1994 he had her only 10.
I counted 2005, I only have her 199 days in 2005 because it is his year to have her for an extended Christmas vacation (court after the divorce changed that)
By the way, whoever you are, you are great!

 

[Yorba Linda Mom]

Bear with me...

All the days zero each other out (so who cares when she got in the car to go to the other parents home) EXCEPT the 19 Sundays when she does not stay overnight with her Dad.
Original divorce, he had her one Sunday a month overnight. A judge, in the best interest of the child, took this away.
One of those wonderful times he took me to court and got dinged!

 

[Zephyr]

someone else here may be better qualified to answer the question about the support issue, but I can't imagine a judge would order a change in support due to the alternating extended x-mas holiday... doing that would open the door for a new cs support hearing every year, but I could very well be wrong on that. I think if you showed up in court WITH A LAWYER, your ex would have a very difficult time getting what he's requesting, they are expensive but most times lawyers are money well spent, and they end up saving you money, heartache and stress in the long run, usually.

 

[stealth2]

The Christmas holidays aren't going to make a difference since they alternate yearly.

 

[Yorba Linda Mom]

Yea for Lawyers...

Over the years I have spent a fair amount of $$$ on Attorneys, always pleased with the outcome. In a few cases they even made my ex pay attorney fees (like when he was behind on child support.)
I am looking for one in Orange County, CA who specializes in visitation issues. My experience is, you can always bring it before a judge (I never would with out an attorney) and they seem to consider the child’s best interest. Maybe the percentage being off is a starting point?
I remarried when our kid was 4, moved to an excellent school district, gave her a sister, and have been basically very stable, including buying a home and living same place for 8 years now.

 

[Yorba Linda Mom]

You will ask...

No, he never had more children (ex)