Does the non-custodial parent need to give a reasonable notice as to when they plan to take the children for 6 weeks during the summer?
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Does the non-custodial parent need to give a reasonable notice as to when they plan to take the children for 6 weeks during the summer?
The non-custodial parent previously told the other parent they were not coming to get the children at all this summer but then on Sunday sent a text message to say they were coming by Wednesday evening and to get the kids ready. Don’t they have to give more notice than 2 days? Plus, since they said they weren’t coming, now the children have been signed for sports and other activities that they don’t want to miss. What is my option concerning what “reasonable notice” means in the decree? Is it spelled out anywhere?
Asked on June 22, 2015 under Family Law, Nebraska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
"Reasonable" is never good language for a custody provision in a Stipulation of Settlement or Custody agreement. By April 1 or by May 1 is - langiage that can not be interpreted. I think the notice was that the non-custodial parent waived their right to visitation this Summer and that the text Sunday is not "reasonable." I would go to court IMMEDIATELY to stop him or her coming to get them and I would not turn the kids over to him or her. And have the court determine in an order what "reasonable" means for next year. Good luck.
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