When it comes to taking your child on vacation, it can be difficult to determine what is right and wrong when you have joint custody. While you want to have fun with your child, you don’t want to step on any toes!

In most cases, the best way to determine what’s okay is to look to your court ordered parenting agreement. Parenting agreements will often set forth some rules around taking your kids on vacation. If it is during your parenting time, there likely won’t be any issues with taking your child on vacation! However, if you would like to take your child on vacation during a time you would not usually have them, things may be a little more complicated. your ex legally has rights to your child during that time, so it would be very important to get permission from your ex to have your children during this time period. It may be a good idea to get their permission in writing, just in case you encounter any issues.

There may be some parameters set forth in the parenting agreement regarding vacations, for example, letting your ex know if your will be taking your child out of the country. It may also be a good idea to provide your ex with an itinerary, so they know what dates you will be gone! An important thing to remember is to treat your ex how you would want to be treated. If you would want to know when your children go on vacation, extend your ex the same courtesy!

In the end, the most important thing to remember is to follow the parenting plan. That should be your guideline for any and everything involving custody issues! When in doubt, check the parenting agreement!

Holiday gift buying can be difficult if you don’t know what your co-parent will be buying your children. To stop the stress, it’s best to be on the same page well before the holidays. There are a few different steps to take when getting on the same page.

1. Coordinate Gifts: This is the best way to make sure that there are no double purchases! If your child is giving the same list to both parents , it’s likely that there could be duplicate gifts. This can be entirely avoided by one simple step: dividing your child’s list between the two of you. Not only will this ensure that there are no duplicate presents, but it will also ensure that gift buying is “fair” amongst both parents.
2. Coordinate Your Budget: Coordinating your budget is equally as important as coordinating which gifts you will buy. Coordinating your budget to be fairly equally between parents will ensure that there can be no competition when buying gifts. Additionally, it sets a limit for what is appropriate for your child and allows each parent to be on the same page with the other.
3. Try Not to Undermine the Other Parent: If one parent would like to buy the child a present that the other parent does not find appropriate, try to come up with a solution that works for both of you. It’s best to have an honest and adult discussion on what is best for your child.
4. Put Your Children First: This is the final and most important step! The holidays are the perfect time to enjoy the simple childhood joy of gift-giving and receiving. Put your children first in everything that you do and you and you co-parent will have a wonderful holiday season, together, with your children!

Child custody can be a tough subject to discuss and it can be even harder if you believe your child might actually be in danger. So what should you do if you think that your child is in danger when spending time with their other parent? One option is to file for Emergency Child Custody.

What is Emergency Child Custody?

Emergency Child Custody is essentially a Motion to Restrict Parenting Time. And what is a Motion to restrict Parenting Time?  This motion indicates to the court that one of the parents of the child would like to restrict the parenting time of the other parent based on the child being endangered. It is a motion filed with the court which requires the court to rule on it within 14 days of filing. During those 14 days, the courts will appoint a third party to supervise any parenting time until the motion has been ruled on.

Which Factors Should I Consider Before Filing for Emergency Child Custody?

There are three things you should consider before filing for Emergency Child Custody.

1. Is it an emergency?
2. Is your child in immediate danger?
3. Does evidence of child endangerment exist?

Making sure that the answer to all of these questions is a resounding “yes” will ensure that you will be able to get Emergency Child Custody. It is important to note that your child’s other parent does not have to be the person who is endangering your child. If the endangerment to your child comes from someone who is around your child because of your child’s other parent, then this does count as child endangerment on behalf of our child’s other parent.

What If My Child Needs Out Faster than 14 Days?

If you believe that your child is in immediate danger, you always have the option to call Child Protective Services. Calling CPS is the most serious action you can take and will get you the most immediate response. CPS will interview both parents, witnesses, and the children and may tour each parent’s house and environment. They will then make certain findings without initiating an action within the court, meaning CPS is a quasi-adjudicatory body. They may also initiate an action through the courts called a “Dependency and Neglect” action in the more severe cases of abuse and/or neglect and may remove the child from the unsafe environment. It is important to note, calling CPS on the other parent also brings in CPS to investigate you and make decisions in the best interest of your child. While you may have nothing to worry about in terms of your parenting, by inviting CPS into your child’s life, you are also going to be held to certain standards and possibly made to comply with certain requirements under a safety plan issued by the department or the courts (or both in conjunction)

No matter what you decide to do, just know that your child is what matters most and you should act in their best interest at all times.  The court will do the same and make rulings on what is best for your child, after taking in all of the evidence and the facts. To schedule an initial consultation with an attorney to discuss the steps you would like to take to obtain Emergency Child Custody, click here.