Legal Question in Family Law in Maryland
Joint/Legal Custody
When both parents have joint/legal custody, can one parent stop the children from going on a week's vacation with the other parent if the children want to go. Current ages 17 and 15.
2 Answers from Attorneys
Re: Joint/Legal Custody
Without a compelling reason there would be no basis to stop the vacation. Many factors are to be considered and you may want to discuss them with an attorney.
Re: Joint/Legal Custody
Assuming the children live with one parent and the other has visitation, there should be an established visitation schedule that would dictate when the noncustodial parent has the children. If there isn't such a schedule, then it's presumed that the ncp has reasonable rights of visitation. If there is no established procedure for determining who makes decisions when the parents disagree, you need to put one in place or you will constantly be in court. However, given the ages of your children, either parent is hard-pressed to prevent this trip unless there is a compelling reason to do so.