Thank you for your specific question.
Legally, if both of you are biological parents
, you currently have joint custody
and you are both entitled to equal time. Courts used to favor mothers for custody, but now they no longer do so and tend to look at what is in the best interest of the child
. Facially, his demand for 5 months out of the year is fair and legitimate, as is yours (although with yours the child spends a vaster majority of time with you). However, if he is somehow unfit--that is, he has a history of abuse, neglect, domestic violence
, criminal history, criminal record, he is on probation, moral turpitude, drug use, alcohol abuse, and other matters that may make the court feel that he is not fit, then you can lawfully demand sole custody
with either supervised or unsupervised visitation. Supervised visitation
means that a court appointed individual makes sure that nothing occurs that is inappropriate, and unsupervised visitation has no such limit. In either case the other parent has the right to take the child away for those hours and spend them with the child as he or she sees fit.
Please let me know if I have answered your question up to your satisfaction. If not, I look forward to your follow-ups.
Dimitry Alexander Kaplun, Esq.
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