My children's custody arrangements are done through an injunction for domestic violence. Their father and I are having 2 disagreements. The first is to who has decision making. The paperwork reads "Except for that time-sharing (if any) specified
for the other parent in paragraph 14, below, (X) Petitioner ( ) Respondent shall on a temporary basis have 100% of the time-sharing with the parties’ minor child(ren) listed below and shall have sole decision-making responsibility until further court order". He feels that HE has 100% decision making while the children are with him and that I should consult him regarding things like a change in doctors or a medication change. At the same time he refuses to respond to my emails (the only communication allowed) or has his girlfriend email me.
The second issue is in regards to summer visitation. The documents read "beginning on March 15, 2013, the father shall pick up the children from school and have timesharing until Monday morning when he returns the children to school. The father shall have timesharing according to this schedule every other weekend until further stipulation by the parties or until further order of the courts" it further reads "if the father is not picking the children up from school the childexhange shall accour at (insert location we agreed upon)"
2 Answers from Attorneys
A restraining order only handles time sharing issues on a temporary basis. You need to file a custody case or if married a divorce case.
You both share decision-making equally and should decide togther. If he can't do that, then you should see a family lawyer about seeking unilateral decision-making authority for your children. When the children are with him, he has decision-making only over small issues like what the children will wear that day. Major decisions must always be agreed-upon between you.
It doesn's sound like your agreement covers summer visits. You could always agree to something like, he picks up Friday at 5 and drops off Monday at 8, but, better yet, you should go to familly court.