My ex and I entered into our first custody agreement earlier this year (July). He planned a vacation in December in conjunction with his normal custody days so that I will only see my child for 24 hours over a 16 day period (we are allowed two 7 day periods). I asked that he reconsider his vacation plans back in August when he told me about them and he said he would think about it. When he confirmed his plans two weeks ago, I subsequently planned to take 2 vacation days at the end of his vacation period. Now, two weeks after I told him of my vacation plans, he says I don't have any vacation time left because I used them all earlier this year before we entered into a custody agreement and that he would be spending time with her on those two days. He is trying to control me and is not being respectful of me as a parent and does not have our daughter's best interest at heart. What can I do? How can he deny me my vacation time? What action can/should I take?
2007-11-30 01:41:30 · 10 answers · asked by B B 2 in Family & Relationships ➔ Marriage & Divorce
To take him back to court, I have to wait for him to actually deny me the exchange ... right? So I'm going to his house and he says, no you can't take her. What do I do then?
2007-11-30 01:51:42 · update #1
We officially share custody 50/50. I was not in favor of this as she is only 14 months old and he travels 70-80% of the time. With his excessive travels, I am the primary parent. The judge insisted on this agreement and said if I wanted to fight it that I would have to pay for his attorney fees.
2007-11-30 01:53:30 · update #2
Who is the custodial parent or is it joint custody? If it's joint, then you are both only entitled to one 7 day period at a time unless by agreement of both parties. Obviously, you are not in agreement with him having your child for 16 days.
If he keeps the child beyond his 7 days, then he is in violation of a court order and you may be able to have him arrested. Talk to your lawyer about this.
2007-11-30 01:56:02 · answer #1 · answered by william c 3 · 0⤊ 0⤋
Definately call your lawyer. If you have a written legal agreement stating he has 7 days and you have 7 days then if he refuses you your 7 days he is in contempt. You can file a complaint for that in the court. And what about this judge telling you if you try and fight it you will have to pay his attorney fees. What kind of crap is that? That judge does not even have to hear the case you fight. As a matter of fact you can contest any decision made by a judge and try again and you will probably get a different judge but a good lawyer will know which judge will be on the bench that day and can have it continued so a different judge can hear your case. Make sure you write down everytime he breaks the agreement, date, times and detailes. You cant do anything until he breaks it though but i think you can get the police to escort you in taking your child if you can prove to them that he is breaking the agreement. Good Luck to ya. By the way the courts do not look kindly upon parents that purposely keep children from the other parent when there is a legal agreement in place.
2007-11-30 10:55:26 · answer #2 · answered by fantasy gal 5 · 0⤊ 0⤋
None of us know the whole story. What does he mean you dont have any vacation days? Who does the child live with? This sounds too complicated.
My son lives with me, he goes to his mothers on Sundays and every other Saturday night. She gets him one Christmas Day, I get the next Christmas Day, She gets ONE school Vacation (Feb or April) and he remains with me for the other. She gets up to ten weeks during the summer providing she gets time off from work- Our agreement is that she takes him for a vacation usually a week or two then I let her have him on any summer Saturday that she wants if she isnt working etc.
The great part is that I havent had to say anything to her in 5 - yrs. Not one word- literally.
2007-11-30 09:48:47 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You will need to speak to someone at the court house where the order was written. They can tell you what needs to be done. Child custody arrangements are never easy as there are too many hurt feelings and I have been dealing with this my whole life. Also the unpaid child support , dont want to get started on that subject. Hope you dont have that problem too.
2007-11-30 09:46:49 · answer #4 · answered by Aloha_Ann 7 · 1⤊ 0⤋
I would definately contact somebody at the courthouse to meet with and discuss your options. If he really isn't looking out for your daughter's best interest maybe the custody agreement needs to be changed to better suit her needs.
2007-11-30 09:51:19 · answer #5 · answered by hurt.woman 1 · 0⤊ 0⤋
Why does this sound like he has primary custody and you are trying to get more visitation than the court order?
2007-11-30 09:51:56 · answer #6 · answered by Flagger 6 · 1⤊ 0⤋
take him back to court, he cant count time before the agreement, tell him you are going back to court to reexamine the agreement and also. only agree to things you are willing to comply with, you gotta play hard ball, your the mom and you got rights 2
2007-11-30 09:46:13 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If he is going against the court order then take him to court and file contempt charges on him.
2007-11-30 09:46:43 · answer #8 · answered by whatshername 5 · 1⤊ 0⤋
you should take him to court. if you were designated a certain amount of time, you deserve that time.
2007-11-30 09:44:39 · answer #9 · answered by Emily M 2 · 1⤊ 0⤋
take him back to court.
2007-11-30 09:46:41 · answer #10 · answered by gypsy g 7 · 1⤊ 0⤋