Sandown, NH asked in Family Law and Child Custody for New Hampshire

Q: Can I keep my kids a day of Dad's time for an important party I gave him 31 days notice for?

I have primary. Dad has 2 wkends a month (4days) as he chose on decree. I asked my ex to keep the kids for my husband's 50th bday party where out of town family is coming as well as many of their best friends. Offered options: He could take them Friday- I keep Sat - give back Sunday so he loses no time, I could just pass them on Sunday, or I could take them for 4.5 hours and return them. He said no. He has plans Friday so I could pay him 200. and he will take them, or I switch weekends going forward (Something has already wanted but I work some weekends). He has never not allowed them to go to parties with friends on his weekends until my husbands. I scheduled his party ON his Bday. As Primary, can I just keep them Saturday? Can I file something immediately with court to be allowed to keep them that day? He is always about control and never about the kids....

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1 Lawyer Answer
Amy C. Connolly
Amy C. Connolly
  • Divorce Lawyer
  • Bedford, NH
  • Licensed in New Hampshire

A: I believe you should check the language of the parenting plan. It usually contains a provision that each parent should make reasonable accommodations to deviate from the plan. I think that this would constitute a reasonable request. I do not believe that this would constitute "immediate or irreparable" harm to the children if they did not attend, so I do not believe you would have grounds to file an immediate motion with the court. However, he should make the accommodations because it sounds like you are being very reasonable about the request. I hope this helps.

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