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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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in the court ordered custody and parenting time, the document

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in the court ordered custody and parenting time, the document reads, "it is ordered awarding mother soul custody of the minor child (2 years old) . it is ordered that father shall have unlimited parenting time when he is in arizona (he lives in nj) as the parties schedules permits as stated in the child support agreement signed by the parties on dec 14,2009 and filed herein on april 14 2010"... my question is do i need to allow my 2 year old son to sleep over in a hotel with his father during his visit to arizona?

The issue of where the child would stay when his father visited should have been addressed so that it could be included in the Order. However, since it was not and the Order permits "...Unlimited parenting time..." for the father when he is in Arizona, I do not think that the Court would consider it unreasonable for the child to stay with his father at a hotel. The Court would not expect him to rent a house or have one available for the limited time that he would be in Arizona.

 

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

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ANDREA, and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Is there ANYTHING i can do to prevent him from staying out over night?

The Order clearly states "... unlimited parenting time ..." and does not contain any language restricting or prohibiting anything. Therefore, any attempt you make to limit the father's time will give the father cause to file a Petition for Contempt and if the Judge finds you in Contempt of the Order, the Judge has discretion to give you jail time.

 

________________________________________________________

 

 

I wish I could give you the answer you were hoping for, but I am obligated to give correct Answsers and information, so please do not hold the state of the law against me.

 

 

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required, but are greatly appreciated

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!