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  1. #1
    Forum Member RoryEl's Avatar
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    Post Shift work and child custody:Options/Opinions

    I've read the articles relating to Lt. Burton's child custody dispute that centers around shift work. I've been able to sub off, etc. when I have my kids, but at times, it hasn't been easy getting the time. I've never heard of someone agreeing to change to a 40 hour week for custody's sake, and hope this is an isolated instance. I've been very careful of what I've agreed to do, it's ramifications, and I've been able to stay out of court. I'd like to hear your opinion on this issue and/or what you've done to get the time off you need
    "It's not surprising, but it's a shame"


    "Not everything that counts can be counted, and not everything that can be counted counts"
    -A. Einstein

    "The penalty good men pay for indifference to public affairs is to be ruled by evil men."
    - Plato -


  2. #2
    UAF
    UAF is offline
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    This is a tough one. Naturally, the issue is How Well Does One Get Along With One's Ex. Hopefully, you could simply stipulate to make visitation/shared custody take place on days off AND A SCHEDULE PROVIDED TO YOUR EX WELL IN ADVANCE so there's no accusations of blindsiding her with the kids the week she planned to go to Paris with the pool boy. However, if Nemesis uses the kids to get at you/punish you (that's probably why Lt. Burton is in this fix in the first place), things won't go so smoothly. Believe me, on my days off I'd make darn sure I was taking cupcakes to their classrooms or whatever so that my involvement with my kids was clear to folks outside the former marriage/family. I guess that sounds a little cold, but I've been in the legal field as a paralegal for about 13 years and I've been through two divorces: one was the custody fight from hell, the other was a walk in the park.

  3. #3
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    I made a trip to Annapolis Maryland and got copies of the Appellants brief and brief of Appelle and Appelants reply brief and after reading all three of them I am convinced that
    Lt. Burton was more available to his children.
    The only issues I could find was child support
    that almost tripled and secondly his time records indicated he was working but other evidence showed he was on trade with other members. On page 3 on Lt. Burton's brief his attorney immediately argued over the presentation of these records because they weren't disclosed until that day and she wanted a official from Lt. Burton's department to elaborate on them but the judge refused. I believe had the judge allowed the official records to be explained in detail he would have thrown Lt. Burton's ex-wife out of the court room. Sisters and Brothers you should get copies of the briefs and you will see for yourself.

  4. #4
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    O.K., now maybe I should have worn my mask more often and taken less smoke, but I just can't fathom the judge taking this guys custody away from him. Why should he have had to change his shift schedule? Don't the D.C.F.D work a set shift, just like every other full-time F.D. in this country? So what if it's 10's and 14's, 24 on 48 off, 24 on 72 off or what ever. The guy has days off in a row, right? Why can't he have his kids on his days off?

    When I started going through my divorce a couple of years ago, my ex-wife tried to get sole custody of our daughters by claiming that my shift was too unpredictable. I work 24 on 48 off. Not exactly rocket science to figure out when I'm working and when I'm off. Oh, but then I have training...every 1st and 4th Tuesday night of every month, along with one other mandated one sometime during the month. All the judge asked was if I had training on a night that I was supposed to be with the kids, could I get someone to either watch them or take them with me? When I said yes, the judge looked at my ex and said she didn't have a problem with that and was going to allow it. Then the ex says "what about call-back?", to which my answer was "the same as training and classes, and if I couldn't get someone and the kids couldn't go with me, then I guess I didn't go back in." Then that practicing blondologist (my ex), in her infinite wisdom says "well, he shouldn't be allowed to get the kids because his job is too dangerous. If he were to get hurt or killed, it would have a negative impact on the kids" ( I kid you not, she actually said this in court). The judge then tells her "you're right, he does have a very dangerous job, which is why I am granting him not only joint legal custody, but also joint physical custody as well on his days off"

    So, I got both my kids every 48 hours off, from the time I got off duty at 8A.M. on the first day, until 6P.M. the next day. The only change to this has been that now, on the say my next 48 off, I have both kids, my next 48 I'd have 1 kid, and she the other (for 1-on-1 parent/kid time). Next 48 off I have both again, then the next 48, we switch kids for 1-on-1. I like it, the kids love it, and she, of course, hates it. I also get 2 weeks in July, 2 weeks in August, either Feb or april vacation (it alternates every year), my birthday, and major holidays are split evenly, and rotate every year (the ones I have this year she gets next year and vice versa). she also gets the first Sat/Sun of every month from 6P.M. Friday night until 6P.M. Sunday night.

    She tried more times than I can count to try and reduce my custody, and each time she looses. She has also tried to get a copy of my shift schedule saying it was too hard to remember, and the judge says that if my shift hasn't changed in the last couple of years, then how hard is it to figure out?

    This judge in Maryland has got to get a clue. Taking this Lt's kids away from him like that is only gonna cause major damage to those kids, nevermind him. My best advice to him is just keep fighting it, and don't give up. I for one am in his corner

    FTM-PTB-EGH
    I have issues, but it's nice to see me

    Tom McQuade FF/EMT-I<br />Newington NH F.D.

  5. #5
    Forum Member RoryEl's Avatar
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    Tom, Sounds like you've gotten a good arrangement which is a rare thing indeed. Sure wish I'd had a like minded judge. It seems that teverlast627 has done his research, my hats off to you. I'm wondering what other variations to standard our brothers and sisters have been able to get, were all ears
    "It's not surprising, but it's a shame"


    "Not everything that counts can be counted, and not everything that can be counted counts"
    -A. Einstein

    "The penalty good men pay for indifference to public affairs is to be ruled by evil men."
    - Plato -

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