Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Feb 2016
    Posts
    18

    Unhappy Non-Custodial Parent in the Middle of Modifying Visitation, but Being Denied Vacation

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

    Background story: I am the non-custodial parent of an amazing, spunky, opinionated, athletic 8 year old daughter. I recently moved 70 miles away due to employment. I tried to negotiate something with my ex-wife about our parenting plan. I used to live a town over and I used to get her from Thursday to Saturday one week, and Monday to Wednesday the next week when I worked 4 on, 3 off. I got let go, and in order to support my daughter, I took a night shift job M-F. It is not my ideal job, but it pays the bills. We were in a verbal agreement that I would get her every other weekend, and every Sunday due to my hours. Since then, I had to relocate because of finances, but it's still within driving distance to my daughter. I still get her every other weekend, a holiday schedule, and two non-consecutive weeks of vacation per our decree. That is not near enough time for me, and her mother refuses to give me any more time in the summer, which is all I asked for. I have filed to modify visitation and hired an attorney. We have a status hearing set next week.

    Current Issue: Since her mother is furious at me for filing, she has stopped answering the phone except for maybe once or twice a week. In our current decree, it states that I'm allowed to talk to her every day during reasonable hours and not for more than 15 minutes. I've texted her telling her the dates of my intended vacation and she pretends she doesn't get them. I called to speak to my daughter, and she answered (surprisingly). I told her my dates of intended vacation again, and she said she wasn't agreeing to anything because I should have asked her first and that we'll just let our attorney's handle it because that's all I want to do is go run to an attorney. Our decree states that we each get two non-consecutive weeks of vacation, we have to give 30 days notice, and her precedence falls in the even years and mine in the odd years if scheduling vacation conflicts! Since I have already told her my dates, I fear she is going to purposely schedule a vacation during those times (which also includes my weekends) just so I can't take them. I have spent lots of money on these vacations and scheduling vacations has never been a conflict until she got served papers. My second week of vacation is scheduled around a summer camp (camp is only 3 days, no overnights) and she is saying that our daughter can't do it because she is not comfortable with leaving our daughter alone there, even though she signs her up for 3 sports camps every year that affects my parenting time. Is there anything I can do to lock in these vacations or am I just SOL?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Custodial Parent in the Middle of Modifying Visitation, but Being Denied Vaca

    Make sure your lawyer passes along your vacation request to her lawyer. The rest is a bridge you can worry about crossing if and when you come to it.

  3. #3
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Non-Custodial Parent in the Middle of Modifying Visitation, but Being Denied Vaca

    Quote Quoting Stanford
    View Post
    My question involves a child custody case from the State of: Illinois

    Background story: I am the non-custodial parent of an amazing, spunky, opinionated, athletic 8 year old daughter. I recently moved 70 miles away due to employment. I tried to negotiate something with my ex-wife about our parenting plan. I used to live a town over and I used to get her from Thursday to Saturday one week, and Monday to Wednesday the next week when I worked 4 on, 3 off. I got let go, and in order to support my daughter, I took a night shift job M-F. It is not my ideal job, but it pays the bills. We were in a verbal agreement that I would get her every other weekend, and every Sunday due to my hours. Since then, I had to relocate because of finances, but it's still within driving distance to my daughter. I still get her every other weekend, a holiday schedule, and two non-consecutive weeks of vacation per our decree. That is not near enough time for me, and her mother refuses to give me any more time in the summer, which is all I asked for. I have filed to modify visitation and hired an attorney. We have a status hearing set next week.

    Current Issue: Since her mother is furious at me for filing, she has stopped answering the phone except for maybe once or twice a week. In our current decree, it states that I'm allowed to talk to her every day during reasonable hours and not for more than 15 minutes. I've texted her telling her the dates of my intended vacation and she pretends she doesn't get them. I called to speak to my daughter, and she answered (surprisingly). I told her my dates of intended vacation again, and she said she wasn't agreeing to anything because I should have asked her first and that we'll just let our attorney's handle it because that's all I want to do is go run to an attorney. Our decree states that we each get two non-consecutive weeks of vacation, we have to give 30 days notice, and her precedence falls in the even years and mine in the odd years if scheduling vacation conflicts! Since I have already told her my dates, I fear she is going to purposely schedule a vacation during those times (which also includes my weekends) just so I can't take them. I have spent lots of money on these vacations and scheduling vacations has never been a conflict until she got served papers. My second week of vacation is scheduled around a summer camp (camp is only 3 days, no overnights) and she is saying that our daughter can't do it because she is not comfortable with leaving our daughter alone there, even though she signs her up for 3 sports camps every year that affects my parenting time. Is there anything I can do to lock in these vacations or am I just SOL?
    Let your lawyer know and bring it up at the hearing.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Modifying a Visitation Schedule Due to the Non-Custodial Parent's Relocation
    By Stanford in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 02-20-2016, 10:30 AM
  2. Modification of Support: Modifying Child Support Due to the Custodial Parent's Becoming Employed
    By bigpain121 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 11-06-2014, 03:21 PM
  3. Custody and Visitation Issues: Can Custodial Parent Refuse Visitation After Non-Custodial Parent Repeatedly Cancels
    By milove95 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-15-2013, 10:44 AM
  4. Modification of Custody: Modifying Custody Agreement Due to Non-Custodial Parent Moving Away
    By pringles34 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 01-25-2013, 10:48 AM
  5. Custody and Visitation Issues: Can Non Custodial Parent Be Denied Visitation if Moving Out of State
    By Bt6789 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-21-2012, 10:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources