My husband has joint legal and physical custody of his daughter. In the the parenting agreement it states that he shall give notice by a certain date in writing to inform the mother of his intent to exercise the visitation. They have always verbally agreed to it. He is in the military and did not have final word on whether or not he would be able to be available. The mother is saying now that he cannot see her or have her. This was never an issue until she remarried 2 months ago. Is there anything we can do 14 days before Christmas and 15 days before he was supposed to pick her up to make sure he is able to spend time with her? He will be out of country next year.
1 Answer from Attorneys
Yes, file an emergency petition for visitation with the court. Attach the military papers for leaving the country as an exhibit and attach the parenting plan as an exhibit. I really suggest you get an attorney to insure you get the visit otherwise there is no do over and if you loose then you will not get to see your child.