Non-Custodial Parent, with Joint Legal and Physical Custody.
My oldest child was recently sick for several weeks - too sick to come see me for holiday visitation, but well enough to fly out of state over 1,000 miles away 3 days later with people I have never met and non-family.
My ex provided me with a doctors note for the first half of my holiday visitation time, but has not yet for the second half.
No attempt was made by CP or child; and has yet to be made to notify me that my child was allowed to fly 1,000 miles away on Wednesday.
Our paper work states that in the event we cannot reach a mutual agreement regarding the health, education and welfare of our children, the CP has final decision making, but I was never even consulted on this or several other matters recently.
See BelowThe only reason I even know my oldest child is out of state, is due to other family members seeing the posts and pictures online. (I am blocked on social media) My concerns is if the child was truly so sick that I could not have holiday visitation - why was the child well enough to travel to a place with below freezing temps only a few days later? I am upset at the deception but very concerned about the health of my child. Should I confront my ex about this first or would it be better to consult with an attorney and file a Contempt motion on the grounds the health and welfare of my child is at risk?
This is grounds for a contempt action. There are always defenses for contempt allegations, but you have enough for a contempt action.
The information provided is only a general answer based on the limited facts stated in the question. This answer does not in any way constitute an attorney-client relationship. Should you wish to hire an attorney, our firm, Singleton, Pasley & Nuce, LLC, would be glad to help, as we offer legal advice in family and criminal law (in addition to personal injury, medical malpractice, social security, workers compensation, and unemployment benefits).
This certainly could present a basis for a contempt and possibly for a motion to modify custody and visitation. Step one is to sit down with lawyer and evaluate how to proceed.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated my office as a debt relief agency that can help people file bankruptcy.
You should consult with an attorney before you do anything. Your ex may or may not be in contempt. Was your oldest child on his trip during the time he was supposed to be visiting with you? If so, clearly it is contempt. If not, you may have a more difficult time proving your case. Depending on the wording of your order/agreement, a cross country trip may not fall under the health, education or welfare clause.
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