Q: With uninterrupted parent time during the summer must the parent be with the child during that time?
My husbands ex-wife is trying to send their daughter to another state during her uninterrupted parent time to be with a family member and she will not be with their daughter during this time. They have 50/50 joint physical and legal custody.
A: More information is needed regarding your husband's situation. In order to answer your question it is important to know the specific terms of your husband's Decree of Divorce and any other orders and facts in your husband's divorce case. One question, for example, is whether or not there is a "first right of refusal" provision in his Decree of Divorce. Another question is the purpose of the daughter going to be with the family member; is it a visit, or is it for surrogate/child care?. Working with an experienced lawyer will help you understand your husband's rights and options.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
