Q: Our custody agreement says that either of us can have extra parenting time as long as its prearranged and not to be
unreasonably withheld. I asked for our son this Saturday (a day early from my normal pick up) to celebrate our Thanksgiving. My ex is now trying to deny this time as retaliation because I would not acquiesce to his demands a few days ago. Do I have legal grounds to take my son if he tries to stop me picking him up tomorrow? Can/should this be documented as kidnapping if he physically stops my son from leaving?
It does get slightly more complicated. We had been using a schedule that was not what we had on paper because thats what was best for our son but 2 weeks ago my ex decided (as another act of retaliation) that we follow the paper schedule. This took away the day I was planning Thanksgiving and necessitated my asking for the day, which I did immediately (literally) when he pulled this. Our parenting plan specifies we should request days with 3 weeks notice. I could not do this because of the timeline of events. It also specifies requests should not be unreasonably withheld.
A: If someone wishes to revert bank to the paper schedule, it controls. If you want to modify it, go ahead and file a modification.
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