Q: My ex spouse and I have joint custody and children primary residence is with me. Since the settlement was signed my ex abused certain things we agreed to. He set up deadlines that he didn’t keep which resulted in that kids vacation had to be cancelled and completely changed. Overnight visit didn’t start as we agreed. He keep changing visitation schedule (canceling mostly not only due to work), and he fought with me over 3 weeks vacation in front of the judge just to tell me that he will spend with kids 2 weeks this summer. Since I am not working yet I’m accepting the changes but in the same time when I want to sign our child for Saturday program for 3 hours he doesn’t agree because “it’s his time”. Is there anything I can do?
A: David’s Answer: Generally a parent gets to do whatever s/he wishes to with the child during his/her time with the child. Ultimately, you can put it to him like this – if he wishes to strictly abide by the order then that’s fine, but you will no longer make any accommodations for him either. Ultimately if the two of you continue to disagree, you may need to file a modification petition. Schedule a consult with a Westchester family Law attorney for a full assessment.