Ex-Wife taking Kids out of state for religious Holy Day

[december2379]

My ex-wife and I have joint custody of our children and she has primary residential status. She notified me that she was taking the kids from 9/20 to 10/1 to Georgia for the Feast of Tabernacles. She told me if it coincided with any of my visitation days they would make it up to me when they got back. Is there anything I can do?

 

[army judge]

My ex-wife and I have joint custody of our children and she has primary residential status. She notified me that she was taking the kids from 9/20 to 10/1 to Georgia for the Feast of Tabernacles. She told me if it coincided with any of my visitation days they would make it up to me when they got back. Is there anything I can do?

Come on, do you really want to bicker about this?

Why not agree to an offset now, and avoid any confusion later?

Isn't it a positive thing to have your children involved in a positive activity?

You can ask for an offset against the 10 days in the first part of October, or all throughout the month!

The court takes notice of parents who compromise and get along for the betterment of their children.

The court also takes judicial notice of parents who bicker when they could compromise and negotiate.

 

[CdwJava]

That depends ... what do the court orders for visitation say about such changes or taking the children out of state?

The two of you can only abide by what the court order says. If it is permitted to swap those days provided you both agree, then so be it. if not, then she cannot do it. Read the orders.

 

[december2379]

That depends ... what do the court orders for visitation say about such changes or taking the children out of state?

The two of you can only abide by what the court order says. If it is permitted to swap those days provided you both agree, then so be it. if not, then she cannot do it. Read the orders.

It says that if they are taken out of town for an extended period I need notification. But it doesn't say how much

 

[Gail_in_Georgia]

So..she's given you the required notification.

Gail

 

[december2379]

Yes but what if it does coincide with my time not to mention all the school they are missing

 

[CdwJava]

Yes but what if it does coincide with my time not to mention all the school they are missing

If the order does not address those concerns, then maybe it is also time to go back and have these elements included in the custody papers so that it is addressed.

Yes, if they are missing school for a substantial period it can be detrimental. However, if she has made arrangements for them to obtain their work so that they will not be substantially behind when they return, then she has been responsible.

Unfortunately, unless your orders specifically prohibit her from doing this or from altering the visitation, you may be out of luck. And as Army Judge inferred, is this the ground you want to make your stand on? Would it not be better to work with her on this rather than fight her? If you do not have the legal authority to prevent it, then you might as well be seen as working WITH her to minimize the impact to the kids' schooling.