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Custodial Parent Refusing Summer Vacation Dates

New Rochelle, NY |

I have notified my ex spouse of my intent to take my children for a week in the summer on a family vacation . I am not the custodial parent in the matter , and my stipulation states " Father is allowed one consecutive week during the summer for vacation . Father must notify mother in writing no later than April 1st " . So I did just that , sent my former spouse my week via certified mail. My ex never picked up the letter so I resent the letter again. During the last week of May, my ex notifies me that I cannot take my son on vacation that week and to choose a different week. My ex has first choice this year but is it reasonable to ask two months before the vacation to reschedule? especially since she did not pick up the letter before?

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Attorney answers 3

Best Answer

The problem may stem from the inadequate prior agreement. The onus should not simply be on you to notify her of your dates - especially when she has 1st choice. Perhaps it's time to modify the agreement to require her to have a deadline to notify you in years when it her 1st choice to avoid this cropping up in the future. That said, I suggest that you schedule a free consultation with a Westchester Child Custody attorney for a full assessment.

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It may not be reasonable, but the court might allow the time frame. Especially in light of the fact that your ex has first choice this year. Only you can decide if it is worth going back to court in order to litigate the issue of this year's vacation. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


I tend to agree with Mr. Bliven, as your stipulation should make the procedure clear and immutable. You probably have a remedy in court, based on the clearly intentional failure of your spouse to collect the certified letter. Consult a lawyer about the pros and cons of a petition. Also, always send a 1st class mail copy of the certified copy, which receipt is presumed if it is not returned by the post office.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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