Asked in Child Custody and Family Law for North Carolina

Q: The father has primary custody. I’m having a surgery and can’t take my daughter for my time. Can I be held in contempt

The father has primary custody of minor child. In the Temporary Parental Order, during the summers, we have alternating custody on a two week schedule. I am having a huge surgery where bones are being taken out and bedridden for a month. I told the father a month in advanced. I have text messages of him understanding I’m going through this surgery and that it’s ok. Now the father is saying “you can’t tell me no, this is court ordered.” Can I be held in contempt for not exercising my visitation rights?

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2 Lawyer Answers
Angela L. Haas
Angela L. Haas
Answered
  • Divorce Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: No. The courts will not make someone exercise their time. The court will only enforce one's right to exercise his/her time with the child if they want to. Have your surgery, heal, and then resume your time with your child. Perhaps he may be willing to let you have 2 of his weeks in the future to "make up for it".

1 user found this answer helpful

Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Of course not. Just tell the father in no uncertain terms exactly how things are going to be and that if he doesn't like it well that's just too bad.

1 user found this answer helpful

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