Q: I have 50/50 custody with my ex with the allotted two week vacation time that has to be pre-approved
I have 50/50 custody with my ex with the allotted two week vacation time that has to be pre-approved One month in advance. Dad cut his vacation short (which I thought he would do) and he’s attempting to keep the kids (age 9 and 12) during this “vacation” that isn’t a vacation instead of going back to 50/50. Does he have the right to keep the kids or does it go back to 50/50 Like is in the agreement and like the kids want.
A:
If your custody agreement specifies a two-week vacation time that needs to be pre-approved, and your ex has cut his vacation short but is attempting to keep the children beyond the approved time, he may not have the right to do so unless both parents agree to a modification of the custody arrangement. If the agreement is for 50/50 custody, it should revert to that arrangement after the approved vacation period is over. If your ex is refusing to return the children to the agreed-upon custody schedule, you may need to seek legal assistance to enforce the custody agreement and protect your rights as a parent.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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