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Out of state vacations (examples of orders in Maine)

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  • Out of state vacations (examples of orders in Maine)

    Hello all. Some background info. I have 2 kids with an ex wife. we have 50/50 legal custody and she is the cp and I am the ncp.


    I am looking for information on changing my custody order to include something about out of state vacations. At this time there is nothing in the order to deal with this type of issue. I would like to take the kids to Disney in FL next year with taxes. But my ex is being very unwilling to work something out between us. I know that if something is covered in the order then that is that, and if something is not covered then 1. The parents can work something out they both like without going to court, or they can go to court and have something put in.

    I am trying to find examples of orders that have been approved by the courts in Maine. Or if Maine has a set of default orders that the state uses. I think I know what the default orders are. I have some family members and co-workers who have had issue like this in the past where the courts just added to the custody order saying ether parent could take the kid(s) out of state for what ever reason as long as they gave the other parent 30 day notice. My biggest thing is I need in it are

    1. I need it to not require that it be during my normal court order time.
    2. That it can happen anytime of the year.

  • #2
    re: Out of state vacations (examples of orders in Maine)

    I wish to inform you that if you are unable to reach an agreement with the other parent, then you may file a petition in the court for modification of the child custody order. You may file the petition in the same court which passed the original custody order as it has continuing jurisdiction in the matter. The court always considers the best interests of the child. You will need to show to the court as to how it is in the best interests of your child to travel to Disney next year with you for vacation. You may show the advantages in terms of overall growth of personality of the child while visiting out of state places like Disney for vacation. The opinion of the children may also be considered by the court. The court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      Re: Out of state vacations (examples of orders in Maine)

      You are looking to file an agreed upon entry modifying your current agreement. Agreed upon is the operative word. Otherwise, you need to return to court and let a judge decide.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: Out of state vacations (examples of orders in Maine)

        Originally posted by strongbus View Post
        Hello all. Some background info. I have 2 kids with an ex wife. we have 50/50 legal custody and she is the cp and I am the ncp.


        I am looking for information on changing my custody order to include something about out of state vacations. At this time there is nothing in the order to deal with this type of issue. I would like to take the kids to Disney in FL next year with taxes. But my ex is being very unwilling to work something out between us. I know that if something is covered in the order then that is that, and if something is not covered then 1. The parents can work something out they both like without going to court, or they can go to court and have something put in.

        I am trying to find examples of orders that have been approved by the courts in Maine. Or if Maine has a set of default orders that the state uses. I think I know what the default orders are. I have some family members and co-workers who have had issue like this in the past where the courts just added to the custody order saying ether parent could take the kid(s) out of state for what ever reason as long as they gave the other parent 30 day notice. My biggest thing is I need in it are

        1. I need it to not require that it be during my normal court order time.
        2. That it can happen anytime of the year.
        Your rights to visitation mean that that time is YOUR time to use as you wish with the children. If there is no restriction in your custody decree, then you are free to take the children on vacation anywhere you wish.

        If you plan on taking the children to Disneyland or Disneyworld, or to see Niagara Falls -- the Grand Canyon or the Mohave Desert -- that is YOUR time to entertain the children as you see fit.

        Leave it to the ex, the custodial parent to raise the issue with the court -- and be the bad guy, trying to deprive the children of a wonderful vacation experience. At that time then the court can approve or further modify the court order to clarify the parents' rights. The State of Maine is a small one, beautiful as it is, limited in opportunities to vacation. Once one has seen the Maine Woods and the shoreline, neither the penultimate vacation opportunity for youngsters, vacationing out of state is a given. I cannot see a judge forbidding a trip to Disneyland.

        In the interim, as long as you do not intend to involve them in some dangerous activity, visitation is time is your time with the children -- to make as rich as you wish it to be. You do not need a court order to do so.

        Comment


        • #5
          Re: Out of state vacations (examples of orders in Maine)

          Originally posted by Disagreeable View Post
          You are looking to file an agreed upon entry modifying your current agreement. Agreed upon is the operative word. Otherwise, you need to return to court and let a judge decide.
          Unless the order restricts out of state trips for the children, there is no need to return to court to have a judge say "aye" or "nay". Read my reply.

          Comment


          • #6
            Re: Out of state vacations (examples of orders in Maine)

            thanks all. My biggest thing is atm the court order only gives me eow and a week in the summer(though ever sence we have been divorced i have gotten all school breaks and one week each month in the summer). While there is nothing in the order that states I can't take them out of state on the trip, my ex has stated if it try to do it without her ok she will call the cops and report that i have kidnapped them. Also I would have to request time off form work for the trip and there is no way i can say with 100% that i can get the right week off that is my court order time. I was hopping to add something to the order that would count out of state vacations as something apart form regular visit times. (and yes I am going for more time.)

            like I said I am looking for examples. such as could i ask for the following to be added.

            ether parent can take the kids on 1 2 week out of state vacation.
            parent taking kids must give the other parent at lest 30 days notice.
            kids can not miss more then 1 week of school for said trip.
            parent taking the kids on trip must give the other parent the following info.
            state going to.
            hotel staying at(just the one that will be staying at final place, not the ones along the way)
            planned route to get there such as flying/driving/etc
            planned of what doing what day(ie if going to a park one day or a beach another)
            parent taking kids must let other parent a min of 5 or 6 times a day to talk to other parent over the phone.

            Like i said my brothers(family as stated above) divorce papers just say ether parent can take the kids out of state with just a 30 day notice. and that was done by the judge cause nether my brother or ex sister in law could agree on anything.

            Comment


            • #7
              Re: Out of state vacations (examples of orders in Maine)

              Originally posted by strongbus View Post
              thanks all. My biggest thing is atm the court order only gives me eow and a week in the summer(though ever sence we have been divorced i have gotten all school breaks and one week each month in the summer). While there is nothing in the order that states I can't take them out of state on the trip, my ex has stated if it try to do it without her ok she will call the cops and report that i have kidnapped them. Also I would have to request time off form work for the trip and there is no way i can say with 100% that i can get the right week off that is my court order time. I was hopping to add something to the order that would count out of state vacations as something apart form regular visit times. (and yes I am going for more time.)

              like I said I am looking for examples. such as could i ask for the following to be added.

              ether parent can take the kids on 1 2 week out of state vacation.
              parent taking kids must give the other parent at lest 30 days notice.
              kids can not miss more then 1 week of school for said trip.
              parent taking the kids on trip must give the other parent the following info.
              state going to.
              hotel staying at(just the one that will be staying at final place, not the ones along the way)
              planned route to get there such as flying/driving/etc
              planned of what doing what day(ie if going to a park one day or a beach another)
              parent taking kids must let other parent a min of 5 or 6 times a day to talk to other parent over the phone.

              Like i said my brothers(family as stated above) divorce papers just say ether parent can take the kids out of state with just a 30 day notice. and that was done by the judge cause nether my brother or ex sister in law could agree on anything.
              Other parents I have known have taken a copy of their custody/visitation decree with them on out of state trips -- a certified copy for the "just in case" scenarios.

              The detailed order you are proposing goes beyond anything I have ever seen, but since you have the framework of something you can agree to, why not present it and if the ex objects, petition the court to modify?

              Comment


              • #8
                Re: Out of state vacations (examples of orders in Maine)

                Originally posted by Friend In Court View Post
                Other parents I have known have taken a copy of their custody/visitation decree with them on out of state trips -- a certified copy for the "just in case" scenarios.

                The detailed order you are proposing goes beyond anything I have ever seen, but since you have the framework of something you can agree to, why not present it and if the ex objects, petition the court to modify?

                This why I am trying to find out if the state has default orders for out of state visits. So I can go to my ex and say OK you can agree to these terms or we can fight it in court and the court is just going give these default terms. Form what I can find out the default being just 30 days notice anytime of the year and no info has to be giving beside what dates going pick up the kids and bring them back.

                But if I read what you are saying is that because there is nothing in the order saying anything bout this issue atm then I could go to the kids school pick them up and just go and the court wouldn't have a issue with it even if I grab them during a time that is not my by the court order.

                Also anyone know if there is list of things the court can punish my ex with if I get something in the order and she decide to not turn over the kids. She seem to think that if she thinks there a good reason to break it that the court are going say ok your the mother if you say its good reason then it is and not do anything to her.( she want to punish one of the kids one time by not letting them come up to see me, I told her if she didn't turn the child over I would call the cops and have a report and fill cotempt of court on her. She said if I did she wouldn't let me see the kids untill a judge order her to. She backed down but still thinks that way).

                Comment

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