Longmont, CO asked in Child Custody and Family Law for Colorado

Q: Can I legally refuse to allow pick up of my child?

Summer schedule started last Thursday after my son got out of school. He spent the first 4 days of summer with me. The parenting plan states, "During the summer break, the parties shall exercise parenting time according to a week on/ week off equal parenting time schedule. Exchanges shall take place at 8:00 p.m. on Sunday evening each week. For the present year of 2020, the summer parenting time shall begin with father exercising parenting time during the week of May 25th." That is all that pertains to summer schedule. Mother refused pick up last Sunday in attempts to force me to change weeks and is planning on picking up next Sunday. I have made several attempts to correct her "misunderstanding" of the plan and gave her the chance to follow the plan, but she is refusing. Switching weeks would interfere with plans that have been scheduled for my weeks. Can I legally withhold visitation that she is attempting to make during my scheduled week?

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: It is not clear what the schedule is from your description. It is clear for 2020, but not for 2022. You could ask the court for clarification, but the court would expect you and the other parent to work this out yourselves. It does seem that you need a detailed schedule to avoid future conflicts.

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