Author Topic: Parenting Time 47/53  (Read 19960 times)

jorgeperez

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Parenting Time 47/53
« on: November 10, 2013, 11:37:43 PM »
The  >:( EX tried it Balllll, she got up and moved to Liberty,in January This year no formal notice. Twice this year Ive been to court due to her denying me to have my child. for several weeks at a time First in march.I filed a motion to Enforce parenting time and a motion for contempt. The motion to enforce was enforced the contempt was denied.Now in september she denied me for several weeks again violating the order of enforced parenting time. Filed contempt again and Filed a motion for enforcement again.Again the Contempt denied. Next time I want her behind Bars.But any who. This time she counter claimed Modification of custody. So I had to get an attorney. cuz she she was making false allegations,and shit.She said she had put our duaghter in Preschool. when I had her enrolled in a preschool on my time.the Judge dismissed the contempt and said she is the primary she gets to have her in preschool. I then in,oder not to lose 2 complete days of parenting time.agreed to take my duaghter to preschool 26 miles each way. 3 days of the week. Can I modify support and have her pay me child suport for my extraordinary expense in gas now.Thank God The gas prices have dropped.And by the way her motion to modify custody was denied.
Jorge Perez

KTM

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Re: Parenting Time 47/53
« Reply #1 on: November 11, 2013, 08:07:33 PM »
Enroll your child in a preschool close to your home those 3 days a week you would be taking your child elsewhere. This will not work once the child enters public school. At that time, you will need to agree to an alternate parenting arrangement that will not disrupt your child's education.

Your child's custody is joint. consider filing for a parenting time schedule change if you can not make an agreement with your child's mother. Also file a Child Support modification with any change in the amount of time each parent spends with the child according to a new parenting schedule.

Guru

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Re: Parenting Time 47/53
« Reply #2 on: November 11, 2013, 09:54:20 PM »
What was your parenting time before she moved?  Did you request shared residency?

To answer your question, yes I think you should ask for an adjustment for travel expenses.  The reason is that she is the one who volunteered to move.  Depending on the judge this may simply be swept under the rug as many are.  Kind of like the contempt orders getting swept under the rug.  Those are both a product of your being pro se, and mother still being labeled as the "primary residential" parent.  I've never once seen a judge hold either parent in contempt who was the primary residential parent (or shared residential for that matter).

I think what KTM says is somewhat valid but, the judge will probably have you paying for a full time preschool on her end as well as your own costs.  Preschools for full time are going to charge you the same regardless of how many days they are there.  Unless you can work an agreement with the preschool (which I doubt), you'll end up paying twice here.  But, this is where you have to be very tactful and reasonable in front of the judge and make him/her see that you and your child are the victims in this case and that mom was acting to suit herself.

I say all of that not knowing a thing about your case, so please be mindful that what you are requesting really is in the child's best interest.

jorgeperez

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Re: Parenting Time 47/53
« Reply #3 on: November 11, 2013, 10:42:33 PM »
@ktm i had her in a preschool close to home before she started the preschool by the moms house i then asked the mom for the location of the school and she didn't
want to tell me.This is why i couldnt get my duaghter for more then 5 week.'s till we saw the judge.I really just wanted her by the close to me but the
judge didn't agree.
@guru i've had her on Tuesday.andwednesday and thursday and every other Saturday.those days i had her in school and it didn't conflict with the library's days at all
Jorge Perez

Guru

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Re: Parenting Time 47/53
« Reply #4 on: November 12, 2013, 12:05:57 AM »
So, on the days that you did have her, did you have her overnight?

jorgeperez

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Re: Parenting Time 47/53
« Reply #5 on: November 12, 2013, 12:47:59 AM »
Yes 3 overnights and till 3 onFriday.and in the divorce proceedings i wanted the shared residency but the court said that was just a label.and made her primary by a small
percentage.using the Bradley calculator i got the 15% adjustment.and joint legal custody.
Jorge Perez

KTM

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Re: Parenting Time 47/53
« Reply #6 on: November 12, 2013, 11:04:45 AM »
What is it you really want?

jorgeperez

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Re: Parenting Time 47/53
« Reply #7 on: November 12, 2013, 11:26:20 AM »
I want the shared residence treatment in which niether parent is the primary is that possible?
Jorge Perez

KTM

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Re: Parenting Time 47/53
« Reply #8 on: November 12, 2013, 04:05:13 PM »
I do not believe so. Unless there is no Child Support recipient in your case.

Even if granted 50% parenting time the person receiving Child Support (lower income parent) will be legally designated as the primary residential custodian.

Primary Residential Custodian is , I believe , a legal designation originating from Federal Tax Laws relating to Child Support payments.

Guru

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Re: Parenting Time 47/53
« Reply #9 on: November 12, 2013, 08:55:41 PM »
jorgeperez, if you take a 2 week period, you would have 6 overnights and your ex would have 8.  That leaves you with 43% parenting time.  If you had that friday overnight, you would have exactly 50% parenting time.  I know someone who has been in your exact same situation.  He ended up fighting for that extra overnight and now is a "shared residential" parent.  Until that point, you will have a tough time getting the court to see it your way.  That's how it is today - keep in mind that there are people working to push legislation on this topic every day in Topeka.  Maybe things will change.

KTM, I think it depends on where your case is.  In some courts, I can tell you that neither parent is deemed the residential parent for tax purposes in shared residency cases.  In fact the order specifically states "the parents share residency."  But, in the child support section, there is usually a paragraph about how taxes will be addressed.  Usually the tax benefit is simply alternated annually, and the parent who will not be claiming is required to fill out and deliver to the other parent a form 8332, which states they are not claiming the child that year.

jorgeperez

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Re: Parenting Time 47/53
« Reply #10 on: November 16, 2013, 09:02:11 PM »
Guru you are right about me having a tough time, my parenting time was calculated using the bradley calculator by the Child support DCF
ATTORNEY of the state of kansas, and just happen to state that the mother will soley claim the child for taxes.,the mom will never let me claim the child I bet,So the only way is to fight for that friday over night to get get 50/50 and then maybe just, maybe we can alternate.I sure hope they consider one day that 47% IS not much of a difference  from 50%

ktm Wow! "Even if granted 50% parenting time the person receiving Child Support (lower income parent) will be legally designated as the primary residential custodian." This should not be even legal, becuase then one parent is gonna always be seen in the eyes of the court as  the parent with more rights.That parent can then violate orders like parenting time. and just get slapped on the wrist.
But thanks you guys are cool 8)
Jorge Perez

KTM

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Re: Parenting Time 47/53
« Reply #11 on: November 17, 2013, 06:14:51 PM »
The designation of "primary residential parent" does not grant any legal rights. It is simply a designation used, I believe, to indicate which party is responsible for paying bills for the expenses a person receiving Child Support is legally fully responsible to pay. i.e. Public Education, Clothing, etc...

Guru

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Re: Parenting Time 47/53
« Reply #12 on: November 19, 2013, 07:21:19 PM »
I think for any custody arrangement other than shared custody, "primary custodian" does mean that parent will be responsible for bills, but this is not always the case.  For shared custody, though, that term has kind of been replaced with the "shared formula" which actually says which parent is responsible for direct expenses.  In this case there's no reason to label one parent as "primary."  I think while it was maybe intended to only to help with certain orders, it does put a label on one parent as "secondary" which isn't fair.