If I would like to take my children every summer for an extended time period to Germany, what are my legal rights?

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If I would like to take my children every summer for an extended time period to Germany, what are my legal rights?

We have 50/50 joint custody of our 3 kids (ages 6, 6, and 9). The mother i from Germany and the father is from the US. All kids have dual citizenship. MSA allows no more than 3 consecutive weeks of vacation. I would like to take my children every summer for an extended time period to Germany.

Asked on September 4, 2012 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The easiest and probably most cost effective thing to do is to approach your ex about changing the Marital Settlement Agreement to allow you the extended visits you seek.  But you need to set a definite term - one month, 6 weeks - because the court can not interpret "extended" should something go awry. If he will not agree - and you ralize that you will need to give him some concession as to same as well - then you can ask the court to allow you to go and extend your time.  It is unlikely that the court will allow you to go every Summer if it cuts in to your ex's visitation again, with out concession.  Good luck.


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