Legal Question in Family Law in Connecticut
Who gets custody when the other parent goes on vacation?
I am going out of the country and my son is not coming. I have joint physical/ledal custody with my ex. I have specific days that I have regularly. When I am away, I would like my parents to have him on my days, but my ex is giving me a hard time about it.
1 Answer from Attorneys
Re: Who gets custody when the other parent goes on vacation?
This is a common problem and one that does not have a simple answer.
Generally, each parent should be able to lead their own lives on their custodial days, even if that includes getting a "babysitter" if he/she makes plans to do something special. This should especially be the rule when you have shared physical custody, since you don't just have your son a couple of days every other week. You do need to have a life.
However, many times the other custodial parent is not agreeable, as in your case. (although, I would love to see what she thinks when it's her time with your son and she wants to do something that does not include him)Some parents write into their decrees/agreements a "right of first refusal." Others don't have anything written on the issue.
My best suggestion is to mediate the issue and resolve it once and for all. I don't know how long you plan to be out of the country, but it would be nice for the paternal grandparents to spend time with their grandson. I don't think your position is unreasonable.
The only other alternative is to file a motion and go to court to resolve it.