Can I deny the other parent’s request for use of vacation days?

by | Jul 12, 2019 | Ask the Lawyer | 0 comments

Question asked on Jan 28th, 2019

Q: Both I and the other parent have both joint physical and legal custody. In our vacation agreement it states that there would be a minimum of 14 day advanced notice and not extending for more than 7 days. The other parent wants to take child across the country for vacation but I think the child is too young. They are requesting that they take a couple of their vacation days to overwrite half of the days I would have him in my care. Would I be able to deny the other parent’s request or I have to let it happen?

A: It is unclear from your question whether the planned trip is, or is not, within the guidelines set out in your parenting plan/decree.  Also unknown is whether there are any restrictions in those documents against the kind of trip in question.  Normally, vacations and holidays supersede the normal custodial schedule.  Assuming that it is within the guidelines and not prohibited, then yes, the other parent has the right to make the trip.  That said, if you have some actual concern as to some realistic danger of harm (and something more than an amorphous “too young” would probably be required), then you can always try to negotiate the matter and, if unsuccessful, file a motion to have your concerns heard by the court.  The relevant statutes and guidelines for modifying orders relating to child custody are posted here.

Frequently Asked Questions

Can I deny the other parent's vacation time with our child under a joint custody order?
Generally no, if the trip is within the vacation terms of your parenting plan or decree and nothing in those documents prohibits that kind of trip. In Nevada, vacation and holiday time normally supersedes the regular custodial schedule, so the other parent has the right to take the trip even if it falls on days you would otherwise have the child. Whether the proposed trip fits the notice and length limits in your plan is the first thing to check.
Does vacation time override the regular custody schedule in Nevada?
Yes, as a general rule. Vacation and holiday provisions in a Nevada parenting plan take priority over the normal week-to-week timeshare, which is exactly why they are written into the decree with notice requirements and maximum lengths. A parent using vacation days can therefore take time that would otherwise belong to the other parent, as long as the request complies with the plan’s advance-notice and duration limits.
What if I think my child is too young to travel across the country with the other parent?
A general feeling that the child is too young is probably not enough on its own; a Nevada judge will usually want a realistic, specific concern about danger or harm. If you have one, first try to negotiate the issue with the other parent. If that fails, you can file a motion in the Eighth Judicial District Court Family Division asking the judge to hear your concerns under the standards that govern modifying custody orders (NRS 125C). Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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