A Virginia custody order typically describes a breakdown of parenting time. Each parent has a certain amount of overnight time with the children.
Parents should do their best to follow the terms of a custody order. Of course, adhering to the schedule is not always realistic. Extracurricular activities, medical challenges and even special events may force parents to rework the parenting schedule or cancel parenting time.
When does a parent who has shared custody have the right to request makeup time with their children?
Cancellations may require rescheduling
If a parent has to cancel their time with their children voluntarily due to personal challenges, they only have the right to reschedule if the other parent cooperates with them. However, in cases where one parent cancels the other’s time with the children, the parent with reduced time has the right to reschedule that time.
If one parent cancels the other’s time with the children and then refuses to let them make up the time with the children, the matter may need to go to court. There could be more robust makeup parenting rules in the works, as parental rights advocates have suggested new legislation that could allow for extra parenting time in cases where unsubstantiated allegations of abuse or neglect lead to significantly diminished parenting time.
Currently, only those who can cooperate with their co-parents or demonstrate routine deviations from the custody order have the legal right to request additional time with their children.
The courts can enforce or even modify a custody order after seeing proof of non-compliance. Ultimately, understanding the basics of child custody laws can help parents to protect their time with their children.