Ask a Lawyer on SingleDad: Holiday Child Custody Request

Jeffrey Leving is the nation’s leading Fathers Rights Attorney and offers FREE Family Law advice for Men on SingleDad.com. Learn about a Divorced Dad in Ohio who wants to know about negotiating custody over the holidays with his ex-spouse. Are Temporary agreements safe?. Read more…

Ask a
Lawyer on SingleDad: Holiday Child Custody Request

Jeffrey Leving is the nation’s
leading Fathers Rights Attorney and offers FREE Family Law advice for Men on
SingleDad.com. This week, learn about a Dad in Ohio who wants to know about negotiating
custody over the holidays with his ex-spouse. Are Temporary agreements safe?.
Read more…

Ask a Lawyer: Holiday Custody

Question or Comment I
am a divorced Dad living in Ohio, I got one son who is 9- years old. I have
been divorced 2 years and this Christmas holiday will be the first Christmas
with my son on my custody schedule. My ex wants to "share the date" however;
I have plans to go out of town to share my son with my parents. Grandparents
get a bad deal when it comes to their grandchildren. My question is this: I
want to do what’s right for everybody; my parents can’t fly out to see my son
and my ex wants to negotiate this Christmas and share my son’s time with me.
Last year she didn’t let me see him and I don’t trust her offering next year.
Is there any type of legal document or agreement that I can get her to sign
that protects me to see my son next Christmas if I agree to share my son this
Christmas with her?

Answer from
Jeffrey Leving:

Absolutely if she is agreeable. However, from your question you may be implying that you
already have the schedule you need.
If this is correct and the agreement is incorporated in a court or
administrative order, then ask your attorney to consider giving your ex a
friendly reminder that if she doesn’t comply with the order granting you
Christmas with your son, if set forth in the agreement, she may find herself in
contempt and in jail. The next
question is whether any restrictions govern your time with your son and limit
your ability to travel out of town to take him to see his grandparents. I would need to see the custody schedule
to properly make this analysis. If limitations do exist, you should strongly
consider petitioning the court for an order modifying your custody agreement,
and allowing you to leave the state during the holidays. Whether or not your ex agrees with this
modification, it is critical that it be incorporated in a court order so that
it may be enforced through the court’s contempt powers in case your ex-wife
tries to interfere with your scheduled Christmas visits with your son.

As a father you have the right to be positively involved in
your child’s life, and spend special time with your son — especially during
the holidays. In order to protect
your visitation rights, it is critical that you work with an experienced and
aggressive child custody attorney.
For more information on child custody arrangements, visit me at www.dadsrights.com.

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