Custodial Parent Changed Agreed Parenting Plans and Now Refuses Summer Visitation
My question involves a child custody case from the State of: Michigan
Custody: IT IS ORDERED AND ADJUGED that the parties shall have joint legal custody and joint physical custody of XXXX XXX XXXXXXXX DOB 0/00/00, and XXXXXXX XXXX XXXXXXXX DOB 0/00/00.
Parenting time: IT IS FURTHER ORDERED AND ADJUDGED that parenting time shall be reasonable and liberal as the parties agree. In the event that the parties do not agree, the parenting time schedule shall be as follows:
1. Defendant shall have parenting time on alternating weekends, commencing on Thursday after school, until Monday morning, and shall pick up the minor children Thursday at daycare.
2. Summer Parenting Time: Both parties shall be entitled to one week in June, one week in July and one week in August of uninterrupted holiday parenting time. Both parties shall inform each other by April 1st of each year of the weeks they intend to exercise his holiday parenting time. If the parties cannot agree on the weeks, Plaintiffs decisions regarding the weeks shall supersede defendants weeks during the even years, and defendants decisions shall supersede plaintiffs weeks during odd years. Failure to specify weeks by April 1st of each year shall result in forfeiture of summer vacation weeks.
State guideline holiday split, not going to bother writing this part out.
Christmas break: Shall be divided evenly between parties.
Birthdays: Shall be designated to the parent who is exercising regularly scheduled parenting time.
On March 11th my ex says she would like to do week on/off for the summer. I agree and we setup dates and times. I planned the kids entire summer vacation already based on this. I have all this in email and text messages showing this is what we agreed to.
On April 11 she emails me out of the blue and tells me she won't do week on/off for summer vacation and since it's past April 1st I won't be getting my one week per month uninterrupted parenting time.
What do I do? I asked this question in the boys locker room but I wanted some outside opinions.
Re: Summer Parenting Time Issue
Quote:
Quoting
Lovingfatherof2
My question involves a child custody case from the State of: Michigan
Custody: IT IS ORDERED AND ADJUGED that the parties shall have joint legal custody and joint physical custody of XXXX XXX XXXXXXXX DOB 0/00/00, and XXXXXXX XXXX XXXXXXXX DOB 0/00/00.
Parenting time: IT IS FURTHER ORDERED AND ADJUDGED that parenting time shall be reasonable and liberal as the parties agree. In the event that the parties do not agree, the parenting time schedule shall be as follows:
1. Defendant shall have parenting time on alternating weekends, commencing on Thursday after school, until Monday morning, and shall pick up the minor children Thursday at daycare.
2. Summer Parenting Time: Both parties shall be entitled to one week in June, one week in July and one week in August of uninterrupted holiday parenting time. Both parties shall inform each other by April 1st of each year of the weeks they intend to exercise his holiday parenting time. If the parties cannot agree on the weeks, Plaintiffs decisions regarding the weeks shall supersede defendants weeks during the even years, and defendants decisions shall supersede plaintiffs weeks during odd years. Failure to specify weeks by April 1st of each year shall result in forfeiture of summer vacation weeks.
State guideline holiday split, not going to bother writing this part out.
Christmas break: Shall be divided evenly between parties.
Birthdays: Shall be designated to the parent who is exercising regularly scheduled parenting time.
On March 11th my ex says she would like to do week on/off for the summer. I agree and we setup dates and times. I planned the kids entire summer vacation already based on this. I have all this in email and text messages showing this is what we agreed to.
On April 11 she emails me out of the blue and tells me she won't do week on/off for summer vacation and since it's past April 1st I won't be getting my one week per month uninterrupted parenting time.
What do I do? I asked this question in the boys locker room but I wanted some outside opinions.
You tell her that you will be taking her to court for contempt, as an agreement was made that included your uninterrupted weeks (and more) and therefore she has to honor at least your one week each month.
Re: Summer Parenting Time Issue
But do I really have a legal leg to stand on?
We had an agreement done and agreed upon before April 1st BUT it is outside of what the decree states in terms of the amount of time.
Now that it is passed april 1st I cant choose what weeks I want because I technically forfeited them.
She scammed me and the kids out of our time together. She must have been planning this.
Re: Summer Parenting Time Issue
Quote:
Quoting
Lovingfatherof2
But do I really have a legal leg to stand on?
We had an agreement done and agreed upon before April 1st BUT it is outside of what the decree states in terms of the amount of time.
Now that it is passed april 1st I cant choose what weeks I want because I technically forfeited them.
She scammed me and the kids out of our time together. She must have been planning this.
Yes, you have a leg to stand on. In a best case scenario filing for contempt will scare her into complying with your weeks. In a worst case scenario she will not be held in contempt but the obvious scam will leave a bad taste in the judge's mouth, and if she does anything else in the future, she will likely get her backside handed to her.