Amelia, OH asked in Family Law for Ohio

Q: Few months ago Ex said she'd be out of town this weekend. I made plans for the kids. Found out today she cancelled trip.

Per our agreement, Friday 3:20-7:30 is her time. Am I required to cancel the kids' plans at this late of a date? She notified me in December via email of her trip, but I only discovered the change in plans when she mentioned in an email about picking up the kids on Friday. I questioned her and her response was oh, I'm not going now. My parents have reservations and cleared their calendar so they could take the kids on a short trip. I have full custody. She sees the kids 8 hrs one week, 10 the next, then 8, etc. No overnights ever. Not sure what to do.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If it is not specifically addressed in the custody decree, then yes, she should get her time, unless the decree allows you both to mutually agree to occasional changes for specific things. And even if it does allow that, and she previously agreed, she now is revoking her agreement. If you don't give her designated time, she could involve the court, including asking the court to find you in contempt. Your decree probably requires mediation of disputes before going to court. But there is little time for doing that now. Try to work it out. Talk to the attorney who represented you in your divorce.

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