Massachusetts Child Custody Lawyer Discusses Custodial Time Spent with Grandparents

Question:

I have a question about vacation time. In our parenting agreement, my ex and I both agreed that we each would have 2 non-consecutive weeks with our child for vacation time. My ex-spouse emailed me in July (our agreement says we are supposed to have our vacation plans in by June 1) to say he would be taking our daughter on vacation for a week to PA to visit his parents. No where did he mention that he was planning on meeting his parents half way and leaving her with them. I was under the impression that he was going to spend the whole week with her, which he is not. Can I tell him I will not allow this because he isn’t even spending the vacation with her?? He mislead me to believe he was taking the vacation with her. She only sees his parents maybe once a year and I know she will be extremely upset.

Answer:

Vacation time is meant to be with the parent, not the grandparents.  You should confirm that he is not intending to vacation with her and then tell him, preferably by email so you will have proof (unless the agreement provides otherwise) that his notice is invalid because he is not intending to take a vacation with your daughter.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Massachusetts Child Custody Lawyer.  This does not consent an attorney client relationship.