Family Law Questions? Ask a Family Lawyer Online.
Now I would like to have my daughter's mother take her for about a month and a half this summer and she is not wanting to do that.
If she (the mother doesn't want to take the child) you do not have any recourse - you can't just dump the child off and abandon the child with her. That's even though she is listed as the primary custodian.
No, you don't have to give her any support - your the primary custodian and have been since April of 2008. You should have filed a motion for modification of child support way back then so that she would be paying you rather than you paying her.
So, you should immediately file for a modication of child support. You are the status quo regardless of what the custody order/agreement states.
No, the court cannot mandate that a parent fulfill their custodial obligation. What the court can do is place the child(ren) in foster care, refuse custody/visitation for them in the future for not wanting the child(ren), etc.
So, I would gather evidence (documentary, recordings, etc.) that she refused the custody, that you have had the child all this past time, and then go after her for support.
Additionally, the court can make her pay (pursuant to the support guidelines) whatever it would cost to provide other shelter or accomodations for the child(ren) if they would have to go somewhere during this time period.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).