I share legal custody of my 7 yr old son but I have physical custody. His father sees him three weekends a month per court order. Summer is coming up and I want to take my son to NC for 2 days for my daughters graduation. Our court order doesn't say anything about giving notice if we are leaving the state. Just that we each get 2 non-consecutive weeks during the summer and have to provide 30 days notice to other parent of our intention to take him for that week. I gave him the 30 days notice but he is telling me I have to tell him if I plan on taking him out of state and exactly when and where we will be. Am I obligated to tell him my plans or do I not have to since I'm the primary custodian?
Family Law Attorney
If your court order does not require you to provide the father with notice or an itinerary, you do not have an obligation to give him this information. However, you should provide him with a phone number so that he can speak to the child while you are gone if the order permits telephone contact. If you have an attorney, you should ask him/her if there is any other protocol in your area as each county has their own protocol.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
Child Custody Lawyer
I agree with attorney Silverman. I typically advise my clients to provide the address and telephone number of where the child will be.