My ex is going out of state on vacation during her visitation time she refuses to give my son to me a few days early and wants to leave him over night with a babysitter can she legally do this?
Answer
WoW! Sounds like you have a fairly angry ex on your hands. I suggest an approach that focuses on your child and the harm she may be causing to your son when she sends out such a message. If she refuses to speak with you or negotiate with you on the point either see a lawyer for an emergency motion (depending on how much time you have) or a regular motion if you have a few weeks.
What you want from the judge is an order modifying custody where you have 1st right of refusal (her too) when she is going to leave the child with a care taker. That means if she is going to leave your child with another person and you are available to babysit - she has to call you first to see if you can do it. On your side, and tell her this in your negotiations, if she leaves your son with you while she is out of town you are NOT going to try and file a motion to tell the judge you have all this extra time. This is called "co-operative parenting." You both help each other out and your son learns that his parents are mature and loving and they can work out issues on their own without getting the judge involved.
If that does not work . . . . . file a motion and go to court.
Good Luck.
Law Guru
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