I have shared custody with my ex wife with me being residential parent. On our custody agreement it states that on odd yrs she gets priority pick for vacation but needs to notify by May 1st. She did not mention anything to me until yesterday when I reminded her that since she didn't pick a vacation time I was going to take the dates I previously mentioned. She says she's not letting me take her on those days and I take her she will call the police on me. Can I get into trouble for this and what can I do? She says the only way she will let me take my daughter the time I want is if let her my daughter to mexico next year.
Well, you two had better find a way to work this out and stop using the child like a ping pong ball.
The police may step in so why even risk that. Get an agreement or head back to court to get it resovlved
You're MSA/JPA almost certainly has a mediation proviso in it, read it, and see if you can take her to mediation. Otherwise you have to file a motion to modify parenting time. No other option. Talk to a family law attorney in your area for specific guidance,.
Your are the residential parent and should be able to take your daughter on vacation if you are in compliance with the parenting agreement. You should not be blackmailed or bullied into agreeing your child can leave the country next year. If you agree, that's fine but if not, you should not be required to do so. You probably need to return to mediation if this matter cannot be worked out. Speak to your former attorney or consult with one or more new ones and hire the one you like the best.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
Ideally your Joint Parenting Agreement has some specifics about what to do in this situation. If not, then you will want to look to mediation to get this resolved. Hopefully meditation will resolve the issues now and the result will provide some guidance for similar situations in the future.
If that fails, you will want to proceed to court to get the issue cleared up and to seek some modifications to the Joint Parenting Agreement so that it provides clarity and guidance for future situations.
Finally, the child is never supposed to be used as a bargaining chip or apart of any quid pro quo. If this matter does go back to court, the Judge will not be pleased at all to hear of the child being used as leverage by anyone.
If you ultimately decide that you need to change parts of the Joint Parenting Agreement, you should probably look into hiring an attorney to help you with it.
If you are the residential parent and you have a parenting agreement in place seek immediate mediation of this dispute. It is quicker and less costly than filing a petition in court. Further, for all practical purposes, as the residential parent you are calling the logistical shots, and she will probably not be able to show that she complied with the May 1st notice mandate. Her post-judgment petition probably will not go very far, but there is no need to become embroiled in litigation for a matter that could be resolved with some slight modification to your existing parenting agreement.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline