What are a non-residential parent’s rights?

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What are a non-residential parent’s rights?

Custody was recently given to my daughter’s father and since then he has been denying communication between us. A family vacation was planned which fell on a weekend that I didn’t have visits. I asked almost a month in advance and he agreed. However, since then he got some court papers that I filed and now is mad at me, so he is refusing to let her go. She wants to and this is a vacation planned for the kids. Do I have the right to take her because we had a verbal agreement prior?

Asked on July 31, 2012 under Family Law, Ohio

Answers:

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

Answered 8 years ago | Contributor

I would not take her.  I would file a request with the court to change your weekend.  And I would speak with your lawyer on what the court orders all mean.  If he is the "custodial parent" it means she lives with him on a regular basis and you have a visitation schedule but "life" decisions as to her are made by the two of you.  Put in your papers that you planned the vacation based upon your reliance on his consent and that you have tried to speak with him since then and work it out woth out the help of the court but that he is refusing to do so.  Good luck.


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