The custodial parent moved out of state to Texas so before she left with the child a new parenting plan was produced. In it, the non-custodial parent has the summer has a 6 week visitation in it. We were just informed she is not going to allow the child to come up this summer, Can she do that?
Divorce / Separation Lawyer
What do you mean before she left a new parenting plan "was produced". A custodial parent is subject to the relocation statute if she wants to pretty much move anywhere, let alone out of state. Were all the requirements of that statute followed? Did the non-custodial parent object in the manner set forth in the statute, if he disagreed with the relocation? Was it all agreed upon and confirmed with the Court? What is the mother's basis for reneging on the summer schedule. Was that parenting plan actually approved/adopted by the Court?
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Divorce / Separation Lawyer
In addition to the great answer and questions asked by Mr. Berner, I suggest the following: Send her an email or letter that documents what you understand her intent to be. Ask her to confirm that is what she really means. If what she intends is inconsistent with the written terms of a parenting plan signed by a judge, you will either need to work something out with her that works for you or you will need to bring a motion before the court. In my experience parents "do" all kinds of things that violate the actual terms of a parenting plan. It is more helpful to focus on whether it is something to which you can agree. If not, you will need to decide whether you are willing to go to court to force compliance with the written parenting plan. Also, it may be helpful for you to know that while the two of you can agree to do something different, neither of you can force the other into doing something not part of the written parenting plan order.