Does the non-custodial parent have to give reasonable notice to the custodial parent before showing up to take the children for their 6 week summer visit? My son has full custody. The mom called on Sunday- June 21-(after previously telling my son that she wouldn't be taking them at all this summer), and demanded that they be packed and ready to go on Wednesday night (June 24) when her Dad comes to get them. Is there a stipulation that would prevent her from being able to do this? Thank-you!
It depends on the language on the court order/parenting plan. Most often, advance notice (usually 30 days) is required, but he needs to check his plan. If she didn't provide notice (if it is required), he may not have to let the children go (although I would consider the best interests of the children, as well). Good luck.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
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