Legal Question in Family Law in Illinois
visitation/divorce
I was wondering if I would ever be able to take my Daughter out of town (California) to visit my new husbands family for the X-mas holidays, if her Father has on of the days X-mas Eve or X-mas day as a scheduled holiday then? Do vacations override holiday visitation? Thanks.
1 Answer from Attorneys
Re: visitation/divorce
You should talk to the father. If he has visitation on X-mas, then that is his right. But if you arrange, for example, for him to have the kids on Thanksgiving or New Years or make some other arrangements that allow him to take a vacation, then he will hopefully agree.
Vacations do not, as a rule, override holidy visitation. But, as I said, the parents can work out exceptions between themselves.
As always, it is best if you do not involve the kids in the discussion: (1) do not tell them that you want to take them on vacation but their father won't let them (makes him sound like the bad guy); (2) do not tell them to ask their father about changing visitation (they should not come between your negotiations).
If you want to talk more about your custody issues, please feel free to give us a call.