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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-30-2019, 12:37 PM
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Default Is this considered abandonment ?

Not trying to be a difficult parent but how do you handle it when your former spouse texts " my vacation flight doesn't get in until midnight so you will just have to keep the kids another night " and then they leave before you even get a chance to respond ?

This is not the first time this has happened either . We have 50/50 custody .

I love having the kids and would keep them 100 % of the time if possible but each of us has a responsibility to pick up the kids at the designated time and if not then we need to make arrangements in advance. I was not even given the chance to say that I had plans and could not keep them an extra night .

If I brought this up in court, would it even matter ?

Thoughts ?
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Old 01-31-2019, 01:09 PM
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This wouldn't be considered abandonment, in any way. Depending on how often it happens that the other parent isn't available during their parenting time, it may be appropriate to seek a change in the schedule.

There would need to be a regular pattern of this happening in order to support a change.

If you're looking for a judge to somehow enforce the other parent taking the kids on their scheduled time, it won't happen. You can't force someone to parent.
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