Legal Question in Family Law in New Hampshire
Ex-wife's new job to adversely effect my visitation
Both my ex-wife and I are teachers. In different NH school districts. At the time of our divorce we both had the same school vacation schedules (February and March). In the visitation agreement, I was to have February and she to have March. This would flip every year. The districts we worked in did not coincide with our town school vacation schedule. We live in the same town.
My ex-wife has now taken a new job in our town school district. Our town school vacations are not scheduled in the same weeks as the February and March vacations at the school district I work.
Her new job will afford her the same time off as out town school vacations.
Because of her new job change, which she sought out, I stand to loose my February or March vacation, depending on the year, which totals 5 consecutive full days.
Although the children are in daycare at this time, my concern is that when they do get to elementary school I will loose my 5 full consecutive days.
Am I justified in seeking to take my 5 full consecutive days (based on the original school vacation agreement) and making that time up during the summer?
Does my ex-wife bare the responsibility to make sure that my visitation time is not adversely effected.
1 Answer from Attorneys
Re: Ex-wife's new job to adversely effect my visitation
If you go to court, the court will view this not so much on what is convenient for the parties, but what makes sense for the kids. An order or judgment that is valid at one point, is merely background when circumstances change. The best goal is to negotiate an agreement based on the changed circumstances, and if not see if it is important enough to seek a modification of the judgment/order by returning to court.
Just as an aside, it sound like the wording of the initial order may be a problem that has led you to this point - so for the next goal think of both the specific and general goals in establishing a visitation schedule.
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