Legal Question in Family Law in Georgia

My divorce is not final yet. I was supposed to have my kids during their Spring break for visitation. My ex contacted several weeks before and told me my mom was bringing them to Indiana from Georgia and to get in touch with her. Her and I spoke about her hotel arrangements she was making for the week. I was thinking their break was the 2nd week in April, so on the 5th when I hadn't heard anything from anyone in a while, I went on the school's website to double check... it said their spring break was the first week, and here it was Friday of that week. I was under the impression the arrangements were made, my ex had agreed my mom was bringing them to me the week of Spring break. I contacted my mom and she said "per your divorce agreement you are supposed to contact him a week before hand to make arrangements." Well, that's "at least a week before hand" and again, the arrangements were agreed upon. They made no attempt to contact me regarding the trip, and I mistook the dates of the break and didn't realize the week had come and gone. Do I have any legal rights here to pursue him for visitation interference? Is he not just as responsible to make sure the visitation schedule is followed?


Asked on 4/06/13, 9:13 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

These are questions you need to ask your lawyer as they depend on the language of the agreemengt, which you chose not to share here. Howeever, most judges are going to have a problem with a parent not checking to find out whjen spring break is, so prepare to be able to explain why you didn't check that a long time ago (especially since it's on a website).

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Answered on 4/06/13, 9:55 pm
Tahira Piraino Tahira P. Piraino

I do not know what the agreement says. However, it appears you will need to strictly comply with the terms of the agreement as it appears your soon to be ex will require it. Unfortunately, if you let something get by you, then your ex is not in contempt. I assume you have an attorney so you need to go over the agreement with him/her to make sure you are clear on its terms. I would also suggest you put everything in writing by email or text in order to show you provided your required notice in order to avoid future problems.

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Answered on 4/07/13, 6:07 am


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