Unreasonable Withholding of Consent When Sharing Custody

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How do you handle when the other parent is being unreasonable in withholding their consent from an activity you want to do with your child?

I recently had this situation come up where the father wanted to take the child to Disneyland for the weekend where the father's parents were coming in town from out of state just so they could all go to Disneyland.

In this situation my client (the mother) didn't give the father her consent for days and he was asking her via email and text. She was busy dealing with other matters with the father concerning their case. But she would not address this Disneyland issue.

In my mind the mother's failure to address this issue promptly was unreasonably withholding of consent. She only said Yes the day before the trip was supposed to happen.

If in the parenting plan it is agreed that vacations are allowed out of town, then you must honor that. There are situations where it is reasonable that you cannot give consent but be mindful if the other parent is asking you for consent to do something that is in the best interest of the child and you have no reasonable reasons to not consent, then it is your duty to answer quickly.

This is also in the best interest of the child.

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

Download my FREE ‘Child’s Best Interest Checklist’ at http://www.commandthecourtroom.com

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