Help with document wording

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melissa102787

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Hello, a friend referred me to this site. She said the people here are very helpful, so I wanted to know if anyone could help me with wording in my custody agreement.

I have a very poorly written custody agreement with my ex. We share joint legal custody. I have our son Friday, Sat, Sunday and Monday. He is not in school yet( he is three). The agreement has been in affect since June of 2009. I would like to go back to court to "fix" it eventually, however I have heard that the courts do not like changing anything unless is is absolutely necessary

The agreement addresses only a few Holidays. We alternate the major ones. The rest typically fall on days where I have him. I understand that I get the most time with him because my ex works during the week and never sees him ( not my fault he picked the days he did...) so I have been very easy going about changing days and times so they may have him once in a while when there are family cookouts and what not. Also birthdays and special occasions. USUALLY I get very screwed out of the deal. It started getting to the point where they felt "entitled" to get him when they please. The last time I gave them a weekend they lied to me and did not hold their end of the bargain and not only did I lose my days with him and they gained some... but it caused a pretty hefty fight. So I put my foot down and said " no more, it will go EXACTLY the way the paper says for now on"....

WELL apparently they didn't like that. Monday night, when my son's father came to pick him up, he states to my husband " We are going on vacation the weekend of the 28th, this is your notification"

I was livid! Not only do I have a wedding party in the family I have prior arrangements for, but to "inform" us that way.

Well as far as modification goes in out agreement number 5 clearly states
"Visitation shall not be altered or modified unless agreed upon by the parties"

Where they are getting this idea that they are entitled to vacation whenever they want comes from number 7 which states:
" Neither party shall permanently remove the child from or change their principle residence from, the Common wealth of Massachusetts without prior written consent of the other parent and/or the permission of the Probate Court. Either party shall have the right to remove the child from the Common Wealth of Massachusetts for trips and vacation that are temporary in nature, but shall notify the other party in advanced of such trip and/or vacations and advise the other party where the child shall be and how the other parent can be reached by phone."

Now my understanding is number seven is speaking solely about taking the child out of state, not stating the parent can take the child on vacation whenever they want. If that were the case, surely it would address how long and what not. What would be stopping me from saying I'm taking my son on a solid 2 week vacation??
I could really use some help with this one! Thank you in advanced
 
Yes, a custody order can be revisited. Yours could be more specific and needs to be refined. Speak with your lawyer about doing that. Besides, this will need to be done when the boy starts school from reading what you've said.


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