Q: My son's father consistently makes plans or is on vacation during his designated holidays with our son
We have joint custody of our 6 year old son, but I am the domiciliary parent. My son's father is supposed to have him every other weekend and on Wednesday nights during the school year. During the summer we do week on/week off. We alternate holidays such as: Christmas, 4th of July, New Year's Day, and Easter. All of the Monday holidays are designated to the father, such as: Memorial Day, Labor Day, MLK Day. The father has consistently been on vacations, or simply doesn't call during these Monday Holidays. He does make me aware of his plans to be unavailable during these holidays, but he doesn't ask if I can keep our son, he simply tells me that he won't be available. On his weekend visits, he is supposed to have our son until 4p.m. on Sunday, he consistently brings him back hours early. I don't mind him bringing him early because I always miss my son when he's gone, however it's never discussed in advance, just usually a text saying he's on the way. What can I do about it
A: You can not be available early or be out of town for the weekend and drop your son off or your attorney can hold him in contempt and seek attorney fees and court costs for any additional daycare or baby sitters his absence costs you.
A: You can file a Rule for Contempt. You can also ask that the visitation provisions be modified to eliminate these extra days since he's not taking advantage of them.
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