Family Law (Divorce, Family Relations)/Custody
My sister who lives in WA DC lost the custody of her 3 girls. She has the right to see them every other week. The girls , the father and the mother lives in the same city. She is thinking about moving to CA. Since she does not have the custody, is it possible if she requests a deal to have the kids the Summer every year? Can dad deny that petition since he has the custody?
DISCLAIMER: I AM NOT AN ATTORNEY: I am someone with experience with Family law matters, and can give some directions of what I would do but these are my opinions: I strongly recommend that you get an ATTORNEY who specializes in family law in your immediate county/country.
My sincere apologies for my tardiness in answering your question. I went on Vacation, and forgot to set my Vacation flag on this site.
I recommend your sisters contact a good Family Law Lawyer. Ask the lawyer to petition the courts for 'modification of parenting plan' then work with Lawyer to ensure she can modify the plan to request summers with kids. Now with her moving she needs to also think about other 'School Holidays': Easter, Thanksgiving, etc. Now I did a search on the internet for the WA DC School Holiday schedule:
Possible use this as a reference/guide to setup the new parenting plan.
1. Since she does not have the custody, is it possible if she requests a deal to have the kids the Summer every year?
Answer: Not unless the Father agrees 100% at most she could get every other Summer.
2. Can dad deny that petition since he has the custody?
Answer: He would have to have compelling reasons, danger to children, to deny such a request before the courts would even consider denying Mom this right.
As stated, please note that in order to have them 'every' year the father would have to 100% agree in writing, at most without his agreement she could possible get 'every other' summer with children.
Hope this helps