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By Jennifer M. Paine
Attorney, Cordell & Cordell, P.C., Detroit office
Note: This is Part 2 of a two-part overview of overseas travel post-divorce. Click here to read Part 1.
Time to Use the Veto?
Has your ex threatened to take your children out of the country without your approval? Maybe to a secret destination? Do you think she has or will apply for passports? Does she already have them?
It may be time for you to exercise your veto with one or more of these options.
By Jennifer M. Paine
Attorney, Cordell & Cordell, P.C., Detroit office
Thinking about a trip with your children overseas for spring or summer break? Maybe a long weekend for a sightseeing safari, or volunteering in Haiti, or cruising in the Mediterranean this summer? Think again. If your children are 16 or younger and need passports, your ex could thwart your travel plans and send you back to court fighting first.
It’s a power woefully addressed in divorce decrees, if not wholly forgotten: the Two Parent Consent Law, i.e., the one parent veto power. Here is everything you need to know and how to avoid your ex’s veto.
Question: Does "vacation time" only pertain to non-school summer time and major holidays? Can a weekend day that is normally scheduled to the Mother become a vacation day for the Father if the Father gives ample notice (11 days) that he will be using that day as one of his alotted vacation days of the year? Thank you.
Question: My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time? Answer: I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.
Question: My ex has sole custody of our son but I get visitation as agreed upon. Past 2+ years now I have been able to have him on just about every school vacation and days off he's had, as well as 95% of summers. I have kept track of all the time I have had him the past few years and am wondering with that proof, could I get child support lowered for summers being as he lives with me, and would I have grounds to modify my visitation? Answer: I cannot answer your questions specifically to the laws of NY as I am not licensed in that State. This question is really State specific as child support varies from jurisdiction to jurisdiction. In my area you would need to file a Motion to Modify the Visitation and Child Support. Inside the support calculation you would be give a credit for the number of overnights you have each year. This credit can vary from 6% to 34% reduction in the child support.
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