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jb156200, Lawyer
Category: Family Law
Satisfied Customers: 119
Experience:  I am a licensed practicing attorney in Tampa, Florida.
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I have had a custody agreement with my daughters father

Customer Question

I have had a custody agreement with my daughters father since she was 5 years old. She is now 14. We live in Orange county, Florida
In the agreement it states that 'each party shall be entitled to extended vacation time with the child. The extended vacation time shall be a maximum of two weeks unless agreed to in writing by the other party. The parties shall provide each other with written request for this extended vacation time at least 45 days prior to the desired time. Neither party will withhold a reasonable request for such vacation time'.
Her father let me know in writing on May 16th 2016 that he wants to take vacation time starting June 11th for two weeks. We have plans to pick a family member up in Miami, and spend 4 days with her June 12th through 16th.
Our dates clash, and he didn't give 45 days notice. He wrote an e.mail to me stating that under the circumstances described below, and his prior verbal notice to me that he is entitled to go on these dates,
1, time he was finally able to arrange with his employer
2, dates which someone was able to train and fill in for him while away.
He did not give any verbal notice.
I sent him an e. mail that he would be in violation of the court order if he went ahead with these travel plans with our daughter.
He replied that he has no latitude to change the 2 week vacation. He said that it states (above) that neither party shall withhold a reasonable request for vacation time.
After going back and forward with a couple of e. mails he wrote that unless he gives me his express written consent, I can pick our daughter up after their vacation ends June 25th.
What should I do? We have the court order for this reason. I usually back down on everything to keep the peace, but this time I feel I am in the right, and went entirely by the court order,
Thanking You,
Submitted: 5 months ago.
Category: Family Law
Expert:  jb156200 replied 5 months ago.

Good Afternoon. I hope I can help aid you with this situation. Based on the terms of the custody agreement you have stated in your question, the father is required to give 45 days notice...IN WRITING. That is step one in requesting extended vacation time. Apparently he did not follow this specific requirement for the extended time. Even though the agreement states neither party shall withhold a reasonable request, that generally only applies if both parties have followed the terms of the agreement. The father did not follow the 45 day written rule.

In order to uphold the agreement you will need to contact your family law attorney. Your attorney may want to send a certified letter stating the terms of the agreement. After that you may need to have a hearing before the Orange County Family Judge to have the agreement enforced.

If the father keeps your daughter without your permission, he will be in violation of the custody agreement and you will need to file a Motion in Family court.

Please let me know if you have an additional question or need clarification regarding this topic. I appreciate you rating my answer and look forward to aiding you further. Thank you.

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