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I am court ordered 2 weeks vacation time with during the summer I have asked and asked for that time from my daughter's mother.. the time has been refused every attempt it is now the last week of summer and i have yet asked again and the mother is refusing to let me have just one week of my court ordered time.. My daughter is currently with me visiting.. do I have to return my daughter to her mother now or may i take my week and return her once my week is up.... we have joint legal and Shared Physical Custody of our daughter... we are currently in a custody battle due to my daughter asking to be with me full time...
Optional Information: State/Country relating to question: Maryland Already Tried: Tried to make a reasonable agreement with my daughters mohter and she still refuses... my daughter even told her mother this was what she wanted as well she still refused.. told our daughter it doesnt concern her
Hello and welcome,When you say you are court ordered 2 weeks vacation time during the summer, you mean that the order indicates you are to have your daughter for 2 weeks during the summer correct?The order does not indicate which weeks you are to have visitation, but leaves it up to the parents to agree, and you have had her only one week this summer?
I have been court ordered any two weeks.... I havent had her either of my two weeks ... im trying to keep her this last week of summer but her mother is refusing.... as she has refused all summer long to give me any of my two weeks
I see. Thank you for the additional information, Gary.Yes, there would typically be no reason a parent who has court ordered custody for 2 weeks in the summer but has not had the opportunity to exercise both weeks, to take the final week of summer to exercise their right to such visitation.The mother should agree under the circumstances since she could be held in contempt of court for refusing to comply with the court order, but even if she does not, the parent who is to receive visitation during the summer could typically exercise visitation even over the mother's objections since it is court-ordered.A court order, unless modified by the court, normally trumps the decision of a parent.
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Tina
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Experience: JD, 15 years experience including family law