Reasons for Unequal Parenting Time in Divorces
Divorce is a challenging process for any family, and it often requires parents to navigate complex decisions regarding child custody and parenting time. One common issue that arises during these negotiations is the question of whether parenting time should be equal. In cases where parents reach an agreement initially for nearly equal parenting time, there can be justifications for why this changes over time. This article explores these justifications and provides insights into the legal and personal factors that might influence such decisions.
Unequal Parenting Time and Legal Justifications
Equal parenting time has become a more common goal in recent years, but it is not always feasible or practical. In many cases, parents might have to negotiate a different arrangement that still provides ample access to their children. This can be due to a variety of reasons, such as work commitments, geographical distance, or personal circumstances. It is crucial for parents to understand the legal justifications for these changes in order to ensure that they are justified and legally binding.
Commute Distances and Work Commitments
One of the primary reasons for unequal parenting time is the commute distance and work schedules of one parent. For instance, in the case of Jane Doe, her work necessitated a longer commute, making it difficult for her to maintain equal daily responsibility for her children. As Jane explained in her court filing, “My job requires a 15-mile commute, which makes it challenging to spend quality time with our children every day. Equal time is simply not feasible for me, and I had to compromise based on the practicalities of my job.”
Employment Flexibility and Personal Circumstances
Another factor that can influence parenting time is the need for one parent to be more flexible due to employment or personal circumstances. For example, in the case of John Smith, his ex-wife had a demanding job with rotating schedules and frequent overtime. This meant that he often had to take on more responsibility for the children due to her absence. Over time, this led to an unequal distribution of parenting time, with John receiving more time and John’s ex-wife less.
Similarly, Jane’s ex-husband initially offered a plan where he would have 50% of the parenting time, and she was willing to accept this arrangement. However, due to her job's rotating schedules and a romantic relationship, she was unable to uphold her agreement. The situation became strained, and Jane eventually had to represent her own interests in court.
Custody Agreements and Legal Disputes
Custody agreements can sometimes be challenging to enforce, especially when one parent is not adhering to the terms of the agreement. In some cases, the situation may change, leading to a modification of the original agreement. For example, in Jane’s situation, she and her ex-husband initially had an equal parenting time agreement but had to amend it when her ex-wife started to deviate from the terms of the agreement. She noted, “After about two years, she was only seeing the kids about 30% of the time, and I felt it was time to adjust the agreement to reflect the reality of the situation.”
John and his ex-wife also had to adjust their agreement when one party was not fulfilling their end of the bargain. John stated, “She was not sticking to her end of the deal, so I had to file for a change in the agreement. Instead of fighting, we came to a compromise where she would get a little bit more but still pay child support. We added a clause for a right of first refusal to ensure fairness.