Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.
No, this means that the person shall have the RIGHT of possession. The person has the choice whether or not to exercise the right of possession - but the right to choose belongs to the person.
Sorry for the delay.....
In this case, the issue would be whether or not the child care fee would be something the custodial parent would have incurred anyway.
For instance, if the non-custodial parent told the custodial parent that he/she would not be exercising his right to visitation on Thursday at all, would the child have been sent to child care?
If yes, then the non-custodial parent isn't likely to be responsible because the custodial parent was sending the child there anyway.
If you can't agree with each other on this, you can always file a motion with the court for clarification.
I think that's exactly right. If he's not going to honor the arrangement as written, just advise him that he will be responsible for any costs she incurs because of his delays, etc.
If he refuses, I would recommend that she go back to the judge and ask that this be added to the order.
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