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My name isXXXXX am a licensed, practicing Attorney with 25 years experience and will be glad to help with your question
I need some clarification, please
Throughout the fact pattern, you speak of your fiance who is the father and what his rights are which I understand and will address your concerns shortly. These facts are spoken by a female. However, the last 2 sentences have me confused. You say:
"Also, my fiance is scheduled to pick up my daughter for the Thanksgiving break due to my work schedule. What letters/documents will she need from me or my attorney to ensure that no charges are brought against her?"
The above statement is spoken by a female because she refers to her "fiance" (male)
Your fiance (indicating a male) will be picking up your daughter. Then you ask what letters, etc. would "she" (female) need to ensure no charges are filed against her.
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1. Regarding kidnappping charges - You do not have to worry about this because there is a custody agreement in place, and even if there were no custody agreement or custody Order, where the parents of a child were married and subsequently divorced, each parent has an equal right to custody.
2. To prevent any problems, bring a copy of the custody agreement with you and written authorization from your fiance to pick up the child. The custody agreement is specific that your fiance is to have his daughter for Thanksgiving, so the mother cannot argue the point, or prevent the child from spending the Thanksgiving holiday with her father.
3. Regarding the Fall/Spring break ambiguity which you mentioned - It would be better to try and clear that up now, rather than wait until the spring break because if you wait until then, I can almost guarantee you that the mother will drag her feet until Spring Break is over and your fiance will have missed that valuable time with his daughter. If the ambiguity cannot be cleared up by the parties, then your fiance should take the initiative and file a Petition with the Court to clear it up, enter a Court Order, then if the mother violates the Court Order, your fiance can file a Petition for Contempt and if the Judge finds her in Contempt of his Court Order, he can sentence her to jail time.
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