Legal Question in Family Law in Massachusetts
custody vacations
I was recently awarded Physical custody my 3 year old. Her father and I were not married and we share legal custody. He lives in another state. He pays child support. Do I need to tell him that I am taking her on a vacation out of the stae we reside? Does he have a say if she is able to go or not? Can I just go and not tell him?
1 Answer from Attorneys
Re: custody vacations
As you share legal custody, you should advise him of your plans. He cannot refuse you the right to take the trip. If your trip will interfere with his visitation, you should arrange make-up time.
Think of it this way: suppose that, in your travel, there is a terrible accident, and he needs to be advised in order to take care of the child (he is presumed to be next in line, as a general rule, if you have shared legal custody). Shouldn't he know in advance where you will be? If it was him taking the child for a week, wouldn't you want to know his itinerary?
A little courtesy can go a long way.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
