Legal Question in Family Law in Massachusetts
keeping son from school for vacation
I live in Massachusetts. My brother has offered to take my son and me to Disneyworld along with his wife and kids for 10 days all expense paid. It's something I have not been able to offer my son. He has been with his dad because can afford it, I have not been able to. The catch is, he will need to miss 7 days of school. He's in 3rd grade. We have joint physical and legal custody. This is truly a once in a lifetime opportunity. His father is very wealthy and has a habbit of not allowing things to happen when he has the right to have a say. I called and asked for his consent to keep him out of school because I felt it was the right thing to do. 3 of the days would be my son's time with his father. If his father calls back and says no, what are my rights? By law do I need to just let it be and not go because of joint custody? Or do I legally have the right to just go regardless of what his father says? I hate to pass up this opportunity, but I realize I am only one of the parents here. We are currently in the process of a custody battle and it's not pretty. Also, I do need to get some advise about my case. Is there anyone I can have a consultation with? Thank you for your time.
1 Answer from Attorneys
Re: keeping son from school for vacation
This is a tough call -- courts do not like to put trips over school. However, given the facts, a judge might well ask the wealgthy father what his problem is.
If you need further advice, please feel free to contact me. My website is www.gregleelaw.com.