My question involves a child custody case from the State of: Fredericksburg VA
I'll give bullet points to keep this easy to follow - I am the mom in this situation.
58/42 shared custody arrangement.
DAD works FRI/SAT/SUNDAYS so majority of year MOM has kids on weekends, DAD has MON-THURS but every other Saturday 5 months of the year.
Custody agreement says first parent to choose, "Dates are to be selected by April 1" and second, "Dates are to be selected by April 10"
Parents can choose 3 weeks of vacation, up to 7 days (could be three 7-day periods but no more than 7). Language not clear about putting these days next to custodial time, making vacation up to 12 days in some instances.
Agreement says children cannot miss school.
Some Details:
First 5 years of agreement we always chose summer dates - sometimes staycation, sometimes travel - but all during summer. This year Dad didn't pick his dates until after summer was over. His late requests is for all of my weekends in SEPT OCT NOV DEC (Even though I know he works weekends). I will only see kids a few evenings for those months. This feels wrong, and, while agreement is vague and looks like it's legal for him to do this - I have plans for several of the days he's requesting. I said YES to some of his dates and NO to others.
More info:
I was first to choose this year, but chose all vacation dates by April 3 instead of April 1 -- 2 days late **this is because I was trying to work with DAD about signing up daughter for camps and sports. In past years I had to take vacation time in order for child to attend a Mon-Fri camp (as DAD said "NO" to camps, would not pay for half, and also would not take child on his custodial days). That is his right (even though it is wrong) so I usually just register/pay for/take daughter to activities as work-around (point it out but don't not fight about it).
So, if I have dates already on calendar and could only accommodate some of his dates can he force me to give him all dates? He is threatening me with filing a petition or complaint.
QUESTIONS:
Am I required to accept his dates?
What happens when parents pick dates late and the other parent already has plans?
Does parent whose year it is to PICK FIRST have ability to move ahead with making plans on calendar if SECOND PICKER waits 3, 4, 5 months to choose dates?
Is there any implication after several years of choosing summer vacation dates, that he is just trying to change the custody calendar by taking my custodial weekends during school year? The kids don't want to be taken to the daycare - where he works an hour away.
I'll give bullet points to keep this easy to follow - I am the mom in this situation.
58/42 shared custody arrangement.
DAD works FRI/SAT/SUNDAYS so majority of year MOM has kids on weekends, DAD has MON-THURS but every other Saturday 5 months of the year.
Custody agreement says first parent to choose, "Dates are to be selected by April 1" and second, "Dates are to be selected by April 10"
Parents can choose 3 weeks of vacation, up to 7 days (could be three 7-day periods but no more than 7). Language not clear about putting these days next to custodial time, making vacation up to 12 days in some instances.
Agreement says children cannot miss school.
Some Details:
First 5 years of agreement we always chose summer dates - sometimes staycation, sometimes travel - but all during summer. This year Dad didn't pick his dates until after summer was over. His late requests is for all of my weekends in SEPT OCT NOV DEC (Even though I know he works weekends). I will only see kids a few evenings for those months. This feels wrong, and, while agreement is vague and looks like it's legal for him to do this - I have plans for several of the days he's requesting. I said YES to some of his dates and NO to others.
More info:
I was first to choose this year, but chose all vacation dates by April 3 instead of April 1 -- 2 days late **this is because I was trying to work with DAD about signing up daughter for camps and sports. In past years I had to take vacation time in order for child to attend a Mon-Fri camp (as DAD said "NO" to camps, would not pay for half, and also would not take child on his custodial days). That is his right (even though it is wrong) so I usually just register/pay for/take daughter to activities as work-around (point it out but don't not fight about it).
So, if I have dates already on calendar and could only accommodate some of his dates can he force me to give him all dates? He is threatening me with filing a petition or complaint.
QUESTIONS:
Am I required to accept his dates?
What happens when parents pick dates late and the other parent already has plans?
Does parent whose year it is to PICK FIRST have ability to move ahead with making plans on calendar if SECOND PICKER waits 3, 4, 5 months to choose dates?
Is there any implication after several years of choosing summer vacation dates, that he is just trying to change the custody calendar by taking my custodial weekends during school year? The kids don't want to be taken to the daycare - where he works an hour away.
Custody and Visitation Issues: Vague Agreement - Question Re: Late Pick
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