Q: with physical and legal custody of my son. Can I withhold him from mother on her day for visitation?
Hello, I have physical and legal custody of my son. Mother have certain days a week with no over nights allowed. Am I allowed to withhold my son from mother on her day. Regarding arrangements my son my have for that certain day?
A:
Whatever the court orders says, that's what you have to do. If it says she gets some time with your son on a Tuesday, then that's what needs to happen. Failing to abide by the court order sets you up for an imminent contempt proceeding, and you don't want that.
If, however, the court order has vague language like "Mother shall have partial visitation with the child as the parties may agree," then you have a lot more discretion about which days visitation will occur -- and a lot more control about switching things around week to week.
Best of luck to you.
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A: If you have a court order concerning custody of your child then those are the terms that must be abided by for both people. If either parent is not in compliance with the court order then it could bring about a contempt proceeding in which the court could sanction a party for his or her violation of the order. If the current order is no longer appropriate in your opinion then you should consult with a local attorney about possibly modifying the order through the court. I advise that you schedule a private consultation with a local attorney.
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