Non-Custodial Parent Did Not Return Our Child After Weekend

My question involves a child custody case from the State of: GA

Hi everyone. As per the divorce decree my ex has the kids from 6pm Friday until 6pm Sunday. Today (Sunday) he informed me that he was keeping our boy until Monday. This was not good as we had plans anyway. I explained to him via text that this in outside of the agreement and not acceptable to me. He went ahead and did it anyway. Are there any legal remedies open to me? Or do I just keep a record of it. I have text messages back and forth with him about this as evidence. I am worried that now that he has done it once he will do it again and again and disrupt any legal timetable that has been agreed in court.
Thanks people.

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Are there any legal remedies open to me?

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yep. You can run, screaming, to the courthouse and file to have the guy charged with contempt.

while you could do that, it would not be a good idea UNLESS this is a recurring issue. The courts really don't like to have to babysit the adults and really hate when a parent whines about a single incident. (not saying you are, just trying to make a point).

Keep record of the incidents, your attempts to address them, and the outcome of such attempts.

Now, it is a three-day weekend for most schools this weekend due to Martin Luther King Jr. Day. A lot of parenting plans say that if there is a three-day weekend, the NCP can keep the child for the full 3 days. Are you positive your parenting plan doesn't say that?

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Quoting shortie

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Now, it is a three-day weekend for most schools this weekend due to Martin Luther King Jr. Day. A lot of parenting plans say that if there is a three-day weekend, the NCP can keep the child for the full 3 days. Are you positive your parenting plan doesn't say that?

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good point

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Quoting jk

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good point

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Thanks for your replies folks but no the MLK weekend is not included in my divorce degree. FYI my ex cannot walk on water but thinks he can...

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Quoting marathon

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Thanks for your replies folks but no the MLK weekend is not included in my divorce degree. FYI my ex cannot walk on water but thinks he can...

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so, you have the choice of being the parent who runs to the courthouse with every single issue and eventually gets a judge that is simply tired of seeing yoiu and addressing de minimis violations or you simply put this as the first issue you wish the courts to address, if it continues.

Ok thanks but should I warm my ex that he is in contempt of court? I am sure he knows but is doing this because he reckons that I will not follow it up. He sadly uses the kids as chess pieces in his game. The reason I posted on the forum is because apart from the weekend issues he has a $15K CS debt, paid via CSE, passport revoked and DL suspended once. I just want some solid advice on how / if to proceed.
Thanks

Sounds like you both use the kiddos as chess pieces. Child support has nothing to do with his time with them. Bringing it up just makes you seem more focused on money than your child's relationship with his other parent, and holding the "contempt" thing over his head makes you seem immature.

Yes, it's great when parents can respect court orders. Its also great when they can work together for the good of their children and even consider the perspective of the other parent on occasion. (Yes, I mean dad considering your perspective just as much as you considering his.) Doing these things requires both parents to act like they are indeed adults.

I understand you had plans and he is keeping the children without your consent and without notice, so it is frustrating. Just keep any records of this incident. If he continues to do this, you'll have records that it is continuous behavior. If it's a one time thing, I would tell him you don't appreciate it, and ask him to work it out with you ahead of time if he wants an extra day next time. That's just what I would do. You have every right to take him to court for contempt if you think it will stop the behavior before it gets to be continuous.

I also think it's likely neither parent is "using the children as chess pieces." Dad wants more time with his children. Mom wants to be able to go on with her plans on her parenting time without a problem.

If this is likely to be a one-time deal, that's one thing; if it's part of a continuing pattern, or you expect it to continue in the future, I suggest consulting a custody lawyer about possible remedies including seeking make-up parenting time. In most states if you don't seek make-up parenting time relatively expeditiously after a denial of access, the court is likely to view the issue as stale.