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ANDREA,
ANDREA,, Lawyer
Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My fiance has joint physical and legal custody of his daughter

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My fiance has joint physical and legal custody of his daughter based on a consent custody order signed by the mother. The mother moved to TX and has custody of the child during the school year. The following visistation has been outlined in the order: 1-While the Defendant (mother) resides in Texas, Plaintiff will have physical custody of the minor child during the summer from the last day of school until the day before the new school year begins. 2-Christmas vacation will be based on the school calendar with the parties sharing time with the minor child as provided herein. In 2009 and all odd numbered years, the Plaintiff shall have the minor child from the beginning of school Christmas vacation until December 26; and the Defendant will have the minor child from December 26 until the day before school is to resume following the Christmas vacation. In 2010 and all even numbered years, the Defendant shall have the minor child from the beginning of school Christmas vacation until December 26; and Plaintiff will have the minor child from December 26 until the day before school is to resume following the Christmas vacation. 3-While the Defendant resides in Texas, Plaintiff will have physical custody of the minor child during any fall or spring break as based upon the school calendar. 4-The parties will alternate having physical custody of the minor child during the Thanksgiving holiday period based upon the school calendar. Plaintiff will have the minor child for the Thanksgiving period in 2010 and all even numbered years thereafter. Defendant will have the minor child for the Thanksgiving period in 2009 and all odd numbered years thereafter. 5-While Defendant resides in Texas, Plaintiff shall be entitled to travel to Texas and have the minor child from Friday to Sunday for a visit for one weekend per month. During the summer Defendant shall be entitled to travel to North Carolina and have the minor child from Friday to Sunday for a visit for one weekend per month. My fiance told the mother that he would be picking up his daughter for Thanksgiving break on November 19th, the last day of school. They are out of school the following week for Thanksgiving break - November 22nd - 26th. The mother told him that she wanted to keep her for Thanksgiving and that he would not get her. This conversation occurred last week. Today, she called and said that the court order states Thanksgiving holiday based upon the school calendar and that if he picked his daughter up on November 19th, she would file kidnapping charges against him. We have been advised by various attorneys that he is within his rights to pick her up on November 19th and return her the day before school begins. There appears to be gray area in regards XXXXX XXXXX fall/spring break, Thanksgiving and weekend visits (they want to dictate the time we pick up on Friday for any weekend visits). What are your thoughts? Also, I am scheduled to pick up his daughter for the Thanksgiving break due to his work schedule. What letters/documents will I need from my fiance or his attorney to ensure that no charges are brought against me?
Submitted: 3 years ago.
Category: Family Law
Expert:  ANDREA, replied 3 years ago.

Hi, and Welcome to JustAnswer

 

Thank you for your question,

 

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.

 

Please clarify

 

Thank you

 

 

 

 

 

Customer: replied 3 years ago.
Sorry for the confusion. The last two sentence should read: I am scheduled to pick up his daughter for the Thanksgiving break. What information do I need to have from him or his attorney to ensure no charges are brought against me? I have been in the child's life since she was born (9 years) and have been able pick up his daughter while she lived in NC.
Expert:  ANDREA, replied 3 years ago.
Thank you for your clarification,

 

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum. The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed

_______________________________________________________________

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.

 

________________________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

BONUS is always appreciated

That is the only way I get paid

_______________________________________________________________________________

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11649
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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