Q: I share joint custody of my son. We have a mini vacation coming up here in California but his dad is now not agreeing
Could I get in trouble if my son doesn't go to him on his day. My flight doesn't get back till that evening thats the reason why he wont be able to go to his dads. I was willing to trade days but now he won't. What can I do?
A:
First, look at your court orders. Most court orders concerning custody allow for vacation time. Typically, they will allow each parent to have a couple of weeks vacation so long as the other parent is notified and given an itinerary of the vacation. If this is the case, confirm the vacation days and times in wirting with Dad. Send him an email or a text stating, "this is to confirm our conversation of (date) wherein I informed you we would be on vacation" Then enclose your itinerary in the correspondence.
If there is no provision for.vacation time and this trip is really important to you, go to court by filing an ex parte application. Ask the court to allow you take have the child during the planned trip, and ask the court award each of you a set number of vacation days per year.
Your only other option beside the two set forth above would be to reschedule e trip.
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