Q: Can my ex restrict out-of-state visitation for holidays and summer?
I am a stay-at-home mom who moved to Texas with the knowledge of my children's father after we split. He has temporary primary custody of our children, aged 8 and 5, who reside in Illinois. I have been able to visit them in Illinois only twice since July, as I depend on his approval. We are now going to court for custody and visitation, and he opposes out-of-state visitation during holidays and summer, citing their routine and my lack of a driver's license as concerns. I am asking for visitation on every other major holiday and one month during the summer, without affecting their school schedule, and I am willing to cover all travel costs. Could a judge grant his request to restrict out-of-state visitation with me under these circumstances? We have mediation scheduled next month.
A: It seems that said restrictions would be unlikely as long as you have a licensed person to get you and them around. A graduated visitation schedule is the best approach since you have not seen them regularly.
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