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Question: My son is divorced and has standard visitation with his own son. The mother and her new husband took my grandson on a trip across the country.  My concern is that my grandson said he and his stepbrothers were allowed to ride in a trailer on the way back from New York, in the trailer they purchased there. This is dangerous and illegal. Can we deny her to have the child back due to imminent danger?

Question:

I am wondering what the laws are on several issues.

1) On the weekends that I have our children, my ex-wife continually schedules appointments for them that interrupt my parenting time. What are the laws that protect my time so that it is uninterrupted?

2) We have a 13 year old son that my ex-wife wants to continue taking to a babysitter (her mother) on my weekends. However, my current wife is available and would be more than happy to be with him until I get home from work. What are the laws on right of refusal that allow me to exercise my parenting time as I see fit?

3) On the days that I have my children, am running 30 minutes behind and cannot pick them up on time, can I have my wife pick them up? Or does the decision get to be made solely by my ex-wife? Our current custody agreement is 51% for my ex-wife and 49% for me. Is there a site where I can look up specific laws to protect my rights for uninterrupted time with my children?

by the attorneys of Cordell & Cordell, P.C.

Not every parent is granted primary physical custody or determines that retaining physical custody is in their child’s best interest.  If you are not awarded physical custody or determine that it is in your child’s best interest that he or she should live with their mother the majority of time, there are still issues you need to consider in setting your visitation time with your child.  Remember you want to maximize the time you do spend with your child.

First, I have had numerous clients tell me that the parties have agreed to just decide as they go as to the schedule. Dad will see the child whenever he likes.  Or mom will let me see him on my off days.  The parties are getting along now and they do not think scheduling visitation will be a problem so there is no need for a schedule.  I always advise them that a  “fall-back” schedule is needed.