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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32450
Experience:  JD, 17 years legal experience including family law
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I have 50/50 custody in the state of Pennsylvania. The agreement

Customer Question

I have 50/50 custody in the state of Pennsylvania. The agreement says we can have two non-consecutive weeks of uninterrupted vacation time. My son's mom sent her 30 day notice today. She has scheduled her first week so she will have him for my regular days and it will end during the beginning of her regular time. She has selected the second week of her vacation to begin at the end of that time. Basically she is piggy-backing. Hence I will only see my son for two days in August. Is she allowed to do that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The court's order specifically indicates that each parent may have two non-consecutive weeks of vacation with your child(ren)? Does it otherwise restrict this vacation time?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


The order states: "Each parent is entitled to two (2), seven (7) day periods of uninterrupted vacation during the summer break upon thirty (30) days written notice to each other. The mother's seven day periods shall not include the week containing June 28th and the fathers seven day period shall not include the week of August 22nd. This is in order so that each parent shall have time with the child close to their birthday during normal visitation."

 

To explain further. She requested Aug. 9 to Aug. 16.

 

My days would have normally been Aug. 9, 10, 11 and 12 until 6 p.m. I would get him back on Aug. 21 at 6 p.m. However, she schedule her second week of vacation to begin on Aug. 21 and end on Aug. 28.

 

I will get for about 48 hours from Aug. 28 until Sept. 4.

 

If this is confusing give me a call -- eight one four seven nine zero two nine nine four.

Expert:  Tina replied 1 year ago.

Hello again, David, and thank you very much for providing this additional information.

The language of the decree appears to permit her to make this request since she is taking her days plus two non-consecutive weeks during the summer and does not include the week reserved to you.

However, the intent of the decree, in making the weeks non-consecutive, appears to involve an attempt to avoid either parent from having the children for a long block of time, which would occur here if she exercises her visitation in this matter. So even though it may not violate the plain language of the decree, it does appear to violate the spirit and intent of the order.

On that basis you could seek a modification of the decree from the court, including language prohibiting either parent from having the children for more than a certain number of days in a month total so this can be avoided in the future. Or you could request that she agree to mediation so you can attempt to come to an agreement that is more satisfactory for both of you.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32450
Experience: JD, 17 years legal experience including family law
Tina and 4 other Family Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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JD, 17 years legal experience including family law