Elmira, NY asked in Child Custody for Pennsylvania

Q: I have 50-50 with my ex- I planned a vacation with kids she agreed to and now is saying no- can she do this?

My ex said she had to meet my girlfriend before I could take my kids on vacation, met her a few months ago, went really well- and now all of a sudden she is saying I can't take the kids on this vacation, we have been planning since April.

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: It depends on what your custody agreement says. Presumably there's *no* language in it that allows one parent to outright "veto" the vacation of the other. There may be language that requires one parent to give the other some kind of notice of the vacation, including dates, location, contact information, etc. There may be a requirement that such notice be given a certain number of days in advance of the vacation. But I've never seen a custody agreement that gives one parent the ability to simply nix the other parent's vacation with the kids "just because."

If I'm right about your custody agreement (and I'm basing my comments on Pennsylvania law only), then your ex cannot prevent you from going on vacation with the kids. If she disagrees, I'm sure she'll file something with the court and you'll have to hash it out there.

Best of luck to you.

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