Family law. Does a custodian have to have consent to take holidays with child?
I have full custody of my grandson. My daughter has 4 hours visitation each week. Access is final so is custody. Each time I plan a holiday we have to cancel based on her visitation rights…up until recently she barely shows up for her visits. I informed her in January we were planning a trip to Euope this summer. I offered to pay her way & bring her along & she declined on 3 seperate occassions. I have now invited another family member to join us. Up untill recently she stated everything was ok & that she would not interfere with us going away. As things began to move closer & she knew I had to get his passport she disappeared thinking I needed her consent to get it! I called our lawyer & had him do a letter for us as she is homeless & I could not contact her. I have the passport. Now there is an issue with how long we will be gone…this vacation is an extended vacation as we will only get to do this once I’m sure & we want to make the most of it. As the custodial parent having the child for 10 years do I have any rights at all? This is tearing our whole family apart as my daughter is constantly creating issues, not just for me but everyone as what she does affects everyone. It is like an emotional dance of blackmail that she will not give up on. Please help!
2 Responses
gottaloveredrose
12 Mar 2010
Arthur W
12 Mar 2010
If you have a court decree granting you full custody then thereis little mom can do to stop you. You have given her more than ample notice and even offered to take her with so now its her problem. You can go one step farther and let your attorney know of your plans and time frame so you can have him notify the courts and give you written courts permission to take your grandson so just in case she finds a newway to start something. This way covers you totally and legally no matter what she does. You may also have your attorney write a letter spelling out in detail for mom all your legal obligations and what hers are, in case she has forgotten. Enjoy your vacation, and if everyone ese bails on you guys and you have an extra ticket, I would be more than appreciative to accompany you
You should check with a lawyer, yes.
But I believe as the custodial "parent", if you inform her well in advance, there isn’t much she can do. You can offer more hours the weeks before and after your trip, but as the legal gardian, I don’t think you need her consent. Do advise your lawyer, maybe have someone serve her papers that would state you will be gone from X ’til X. That would protect you from the "They didn’t tell me".