Legal Question in Family Law in Georgia
OK, I understand this may sound long winded, but please read the whole thing so that you may get a better idea of the problems at hand...I have been divorced for 5 years now, and was out of contact with my two minor children to my ex wife relocating around Ga (locally) and noit disclosing her address and changing her number. I eventually moved out of state for work, then again to the north for family issues. I eventually located her and have been in constant contact with my children as well as spent 5 weeks with them last summer. I filed for custody as of last summer because of many things the children were telling me and the fact that they really wanted to live with me. Now fast forward to this date in time. Approx 2 weeks ago I advised my ex about my plans for summer visitation (as my parenting plan states I have 6 weeks), and waited a few days before I purchased plane tickets. Well once they were purchased, then she had an issue with the plans, and has now told me I cannot have them for the 6 weeks, but maybe 3 or 4. And definitely not when I wanted them, but when she determines is good for her schedule. Now being that I live in another state, will the court uphold her choice of giving me just a few weeks of summer and I would have to just eat the $1000.00 plane fare, or what? I am not sure what the court may or may not do and I am concerned. If I hjave to eat the ticket fare, I cannot go down to Georgia multiple times to get them when she wants me to as it costs me $500.00 just in fuel alone to pick them up and return them to my house, not to mention the time off work that I will loose.
2 Answers from Attorneys
Your parenting plan should state exactly who picks times, how long they are, and what notice is needed. Assuming you did all that (and you do not say if you did), and she doesn't comply, you have your lawyer sue for contempt and attorneys fees. If you made plans not in compliance with those provisions, you're in the wrong and you lose on the tickets. (I should note that I have never seen a parenting plan that allows a mere two weeks notice for a six week visitation, so my guess is you're in the wrong, but no one here has read the court papers). In other words you already have the answer in your hand but did not tell it to us.
I suggest you seek the assistance of a family law attorney in the area of the court order. You need to provide the documents to the attorney for review. If you are in compliance with the parenting plan, your ex is in contempt of court and you can file a contempt action. If you are not in compliance, you may have to adhere to her decision. No one on line can answer this as he/she would need to review your paperwork.
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