Casa Grande, AZ asked in Divorce, Family Law and Child Custody for Arizona

Q: Am i required to give spouse 2 weeks of uninterrupted time if he did not submit request in time?

Our decree states that the deadline for requesting uninterrupted time with our kids is May 1 of each year. I requested time well in advance of that date, my ex husband has not requested time yet. Last year, he did the same thing, but verbally requested time well after the deadline, which I agreed to in the interest of not causing trouble. This created a huge problem when my ex husband refused to bring the children home at the verbally agreed upon date. I do not wish to have this problem again, now or in the future. Since my ex husband did not submit a request for his 2 weeks of uninterrupted time with the children, as required in the divorce decree, am I allowed to deny his verbal request, if he asks this year? I want to peaceably co-parent, but this generally is not possible with my ex husband. I would be fine with verbal agreements, but he has shown in the past that he cannot be trusted to honor them.

1 Lawyer Answer
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: As long as your Decree and Parenting Plan does require that a request be submitted no later than May 1, in writing, for the two weeks of parenting time, and there are no repercussions stated in the Decree and Parenting Plan for failure to do so, then you do not need to agree to a verbal request.

If you need further assistance, I advise contacting an experienced family law attorney.

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