QUESTION
May I take a vacation right after the other parent's said vacation?
Asked on Feb 16th, 2019 on Family Law - Nevada
More details to this question:
The other parent has said that they would like to take the child across state for vacation. Their vacation across country is longer than what they wrote down (they only used their vacation days for the days I would have him and not the length of the whole vacation). I am not comfortable with the child being over with that parent for so long (they would have a total of 10 days from both their custodial days plus the vacation days) and would miss the child. Would I be able to take some vacation days and use them for the days right after the ones they have requested even if they would say that they would still be across country? (Example: Other parent says that they will take vacation days from the 19th to the 23rd to go from Nevada to North Carolina. Then I ask if I can take vacation days from the 24th to the 25th even if they state that they will still be in North Carolina). If not, could I flat out refuse their vacation (the vacation agreement does not say anything about out of state).
1 ANSWER
This question cannot be reliably answered without refernce to the actual words of the underlying custody order. Normally, there is some kind of language (usually in the legal custody provisions) about travel and relocation. If your decree is too vague, or you think its provisions are being abused, your fix is to re-mediate, or if necessary file a motion, to alter the langauge to more precisely mirror what you think are reasonable limits, and accommodations. If youi are not sure, you should consult with a family law specialist, bringing copies of all relevant court orders, and a list of your concerns and intended results.
Answered on Feb 17th, 2019 at 12:44 PM