Sunday, June 9, 2013

Custodial Parent Refusing Summer Vacation Dates

Q:  I have notified my ex spouse of my intent to take my children for a week in the summer on a family vacation . I am not the custodial parent in the matter , and my stipulation states " Father is allowed one consecutive week during the summer for vacation . Father must notify mother in writing no later than April 1st " . So I did just that , sent my former spouse my week via certified mail. My ex never picked up the letter so I resent the letter again. During the last week of May, my ex notifies me that I cannot take my son on vacation that week and to choose a different week. My ex has first choice this year but is it reasonable to ask two months before the vacation to reschedule? especially since she did not pick up the letter before?

A:  David's Answer:  The problem may stem from the inadequate prior agreement. The onus should not simply be on you to notify her of your dates - especially when she has 1st choice. Perhaps it's time to modify the agreement to require her to have a deadline to notify you in years when it her 1st choice to avoid this cropping up in the future. That said, I suggest that you schedule a free consultation with a Westchester Child Custody attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (

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