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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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This question concerns summer visits with the non-custodial

Customer Question

This question concerns summer visits with the non-custodial parent. Does the non-custodial parent need to give reasonable notice before showing up to take the children for the six-week visit? My son has full custody of the 2 boys-deserted by their mother when they were 2 and 1. She was not granted summer visits until the kids were 5 and beyond because of previous neglect issues. Last summer she took the boys for the 6 weeks and they came home very skinny saying they had rarely been fed and were stuck in front of a video game screen all day and night. This year she told my son she would not be coming to get them because she was moving in with yet another boyfriend and didn't have enough money. Then Sunday, June 21, she text them to say that her dad would be coming to get them for her 6 weeks on Wed, June 24, and she wanted them so to get them ready. I have read in some NE decrees online that the non-custodial parent needs to write the year's 6-week summer vacation plan and have it delivered by certified mail to the custodial parent by May 1st. Can you tell me if this is correct in NE? Thank=-you!!
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
Thanks for your patience as I researched this for you.
While a judge may place the notice requirement in the order, or the parties may stipulate to it, there is no statute requiring that 6 weeks notice need be given. As such, if a parent wishes to be provided such notice, they would have to request that the judge word the order so that such notice is in fact required.
The typical summer vacation for the non custodial parent is 2-4 weeks; visitation can always be modified. The court tries to make an arrangement that is in the child's best interest, but if the children are not thriving during visitation, the court will take that into consideration and has authority to modify the order upon the petition of the other parent.
Additional information here: http://c.ymcdn.com/sites/nebar.site-ym.com/resource/resmgr/VLP/VLP-CustodyandVisitationBrochure.pdf
Expert:  LegalGems replied 1 year ago.
Statutes relating to visitation located here: http://www.nemediation.org/joomla/index.php/resources/ne-statutes/parenting-act
and here: http://nebraskalegislature.gov/laws/statutes.php?statute=42-364
Expert:  LegalGems replied 1 year ago.
http://www.co.keith.ne.us/content/visitation_rowlands
This is an example of a court created parenting plan, and it does require the 6 week notification. So the court will be able to amend the current order if the current order does not have this language. The court will be more likely to include this if there is a history of giving no/minimal notice.

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