Florida; Christmas Timeshare/vacations/going out of town

[AshP]

What is the name of your state (only U.S. law)?

Florida

My son is 3 years old, I am his mother. His Father and I do not share a divided "Holiday Break" yet. His Father had Christmas from 5 pm the 24th of December til 5 pm the 25th of December last year, as directed by the standard shared parenting that is court ordered. This year will be my year for Christmas, I would like to go out of state to visit my family from Dec 22nd - Jan 2nd. That vcation would interfere with 1 of Fathers weekend visits and a Wednesday overnight. He will not agree to anything that favors me, anything he can do to be difficult is what he chooses repeatedly. I read in the shared parenting plan that vacations are allowed, that if both parents can not agree that vacation should not exceed 2 weeks. That, however, was only specified for summers.
So, it is not his Holiday timeshare, it would be one weekend timeshare that our vacation would interfere with. The vacation would not exceed 2 weeks.

He will not agree to let me go out of town for the holiday, because it intereferes with his visitation weekend. He has exercised all of his visitation rights, they have never been denied in any way. I have tried negotiating an agreement, he will not answer me any further at this point. Is there any way I will be able to go visit my family for the holidays?

 

[LdiJ]

What is the name of your state (only U.S. law)?

Florida

My son is 3 years old, I am his mother. His Father and I do not share a divided "Holiday Break" yet. His Father had Christmas from 5 pm the 24th of December til 5 pm the 25th of December last year, as directed by the standard shared parenting that is court ordered. This year will be my year for Christmas, I would like to go out of state to visit my family from Dec 22nd - Jan 2nd. That vcation would interfere with 1 of Fathers weekend visits and a Wednesday overnight. He will not agree to anything that favors me, anything he can do to be difficult is what he chooses repeatedly. I read in the shared parenting plan that vacations are allowed, that if both parents can not agree that vacation should not exceed 2 weeks. That, however, was only specified for summers.
So, it is not his Holiday timeshare, it would be one weekend timeshare that our vacation would interfere with. The vacation would not exceed 2 weeks.

He will not agree to let me go out of town for the holiday, because it intereferes with his visitation weekend. He has exercised all of his visitation rights, they have never been denied in any way. I have tried negotiating an agreement, he will not answer me any further at this point. Is there any way I will be able to go visit my family for the holidays?

Which weekend is he missing? Dec 23/24 or December 30/31? How far do you have to travel to get there?

 

[Zigner]

What is the name of your state (only U.S. law)?

Florida

My son is 3 years old, I am his mother. His Father and I do not share a divided "Holiday Break" yet. His Father had Christmas from 5 pm the 24th of December til 5 pm the 25th of December last year, as directed by the standard shared parenting that is court ordered. This year will be my year for Christmas, I would like to go out of state to visit my family from Dec 22nd - Jan 2nd. That vcation would interfere with 1 of Fathers weekend visits and a Wednesday overnight. He will not agree to anything that favors me, anything he can do to be difficult is what he chooses repeatedly. I read in the shared parenting plan that vacations are allowed, that if both parents can not agree that vacation should not exceed 2 weeks. That, however, was only specified for summers.
So, it is not his Holiday timeshare, it would be one weekend timeshare that our vacation would interfere with. The vacation would not exceed 2 weeks.

He will not agree to let me go out of town for the holiday, because it intereferes with his visitation weekend. He has exercised all of his visitation rights, they have never been denied in any way. I have tried negotiating an agreement, he will not answer me any further at this point. Is there any way I will be able to go visit my family for the holidays?

Sure - drop kiddo off with dad and have a great visit!
(Sometimes we have to make sacrifices as parents.)

 

[not2cleverRed]

Have you offered to trade time? Offering extra time elsewhere?

Have you considered doing just Christmas and coming back before New Years?

 

[AshP]

Dads Weekend

Which weekend is he missing? Dec 23/24 or December 30/31? How far do you have to travel to get there?

His weekend would be 5pm the 22nd, 23rd, 24th untill 5 pm. Chritmas eve is sunday night, Christmas falls on Monday.
I am trying to go to New York, long drive.

 

[AshP]

Have you offered to trade time? Offering extra time elsewhere?

Have you considered doing just Christmas and coming back before New Years?

I have tried offering time elsewhere. His weekend would be 5 pm the 22nd, 23rd, 24th untill 5 pm. Chritmas eve is sunday night, Christmas falls on Monday.
I am trying to go to New York, long drive. New years would be my weekend

 

[AshP]

Sure - drop kiddo off with dad and have a great visit!
(Sometimes we have to make sacrifices as parents.)

I would like m son to meet his maternal grandparents at some point in his life as well

 

[Zigner]

I would like m son to meet his maternal grandparents at some point in his life as well

Invite them on down to visit some time (on your time.)
Go for a shorter period of time (as was suggested above.)

 

[CTU]

I would like m son to meet his maternal grandparents at some point in his life as well

So? They can visit you. They don't trump Dad's parenting time.

 

[Ohiogal]

I have tried offering time elsewhere. His weekend would be 5 pm the 22nd, 23rd, 24th untill 5 pm. Chritmas eve is sunday night, Christmas falls on Monday.
I am trying to go to New York, long drive. New years would be my weekend

You have NO right to deprive him. NONE. If you go, expect him to file for contempt and you to lose. You are being quite selfish in thinking you have a right to deprive him a weekend a midweek visit. You don't. And vacations are listed for summer so this is NOT a vacation.

 

[Ohiogal]

I would like m son to meet his maternal grandparents at some point in his life as well

As Zigner stated, YOUR parents can travel and meet him. What a wonderful holiday that would make. You don't get to deprive dad just because you want to do so.

 

[LdiJ]

Why don't you just do Christmas morning at home, and then head out to your family through January 2? Yes, you will have one less weekend, but you would then not be taking away dad's weekend.

 

[Ohiogal]

Why don't you just do Christmas morning at home, and then head out to your family through January 2? Yes, you will have one less weekend, but you would then not be taking away dad's weekend.

She would be depriving him his midweek which he could also file a motion to show cause about AND win. Because vacations are defined as SUMMER. So unless she works it out with dad, she will be in contempt.

 

[t74]

His weekend would be 5pm the 22nd, 23rd, 24th untill 5 pm. Chritmas eve is sunday night, Christmas falls on Monday.
I am trying to go to New York, long drive.

These are pretty significant dates. Christmas Eve in some families is as important as Christmas Day.

What would you say if next year youi were to have none of the Christmas-New Years holiday? I expect you would be back complaining how unfair it is to you.

 

[LdiJ]

These are pretty significant dates. Christmas Eve in some families is as important as Christmas Day.

What would you say if next year youi were to have none of the Christmas-New Years holiday? I expect you would be back complaining how unfair it is to you.

Dad had Christmas eve at 5PM to through Christmas Day last year per the first post in the thread. That appears to be what the alternate.