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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I have divorce orders that designate me as custodial parent

Resolved Question:

I have divorce orders that designate me as custodial parent and outline my ex-husband's timeshare. What part of the Family Law says that I have to give him any "extra" time allotments outside of what the orders specify?

The father and I have no written or verbal agreements regarding any extra time.
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

When a judge makes an order about child custody and visitation, it becomes a court order and it has the force of law. You DO NOT have to give any extra parenting time outside of the visitation order entered by the court. Only WRITTEN orders are enforced by the court.

That being said, it is very important that you:

  • Keep a copy of your current court order in a safe place. If there are other people involved in your visitation, like if you exchange the children at someone’s house, that person should have a copy to
  • Have a court order that is clear about the details of your visitation order, including where your children will spend every holiday, birthdays, parents’ birthdays, vacations, etc.
  • Make sure you get a new court order if you and the other parent agree to make significant changes to your time-share or visitation order. Some of the changes that you should write into a new custody and visitation order are changes in: how much time your children will spend with each parent; where both parents will live; where your children will go to school, get medical care, or religious training; who will pick up and drop off the children at the time of the exchanges; or how you will make sure your children’s other needs are met.

If you do NOT allow the visitation that is in the court order, then the other party can take you back to court on a show cause as why you should not be held in contempt of court for failing to comply with the visitation order. If you are found to have violated the order, it is VERY possible that you will be ordered to give "make up" time to allow for the time that the children were not allowed to be with the parent as per the court order.

 

hen a judge makes an order about child custody and visitation, it becomes a court order and it has the force of law.

It is very important that you:

  • Keep a copy of your current court order in a safe place. If there are other people involved in your visitation, like if you exchange the children at someone’s house, that person should have a copy too.
  • Have a court order that is clear about the details of your visitation order, including where your children will spend every holiday, birthdays, parents’ birthdays, vacations, etc.
  • Make sure you get a new court order if you and the other parent agree to make significant changes to your time-share or visitation order. Some of the changes that you should write into a new custody and visitation order are changes in: how much time your children will spend with each parent; where both parents will live; where your children will go to school, get medical care, or religious training; who will pick up and drop off the children at the time of the exchanges; or how you will make sure your children’s other needs are met.

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD

 

 

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

You said:


When a judge makes an order about child custody and visitation, it becomes a court order and it has the force of law. You DO NOT have to give any extra parenting time outside of the visitation order entered by the court. Only WRITTEN orders are enforced by the court.


 


Is there anywhere specific in the law where this is stated? I am hoping to use this as a point with my mediator and also as defense in my custody case.

Expert:  xavierjd replied 1 year ago.
Hi Melissa,

It is what the legal community calls "black letter law." Black letter law is a term used to describe basic principles of law that are accepted by a majority of judges in most states.

A court order is a written statement of a judge or court that compels an individual or entity to do or to do something.

Webster's Dictionary defines a court order as: an order issuing from a competent court that requires a party to do or abstain from doing a specified act.

Moreover a court only "speaks" through its written orders. Again, that is considered "black letter law."

You can describe the importance and necessity of a "written order" as described above, in explaining any point with the mediator, as well as your custody case.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I appreciate your help!

Expert:  xavierjd replied 1 year ago.
Hi,

You are very welcome! Good luck!

If you have any future questions, you can request me as the expert.

Again, best wishes.

xavierjd
Customer: replied 1 year ago.

I will gladly request you again for future.


 


Actually, I have a question regarding mediation that is out to expert legalgems, that is unanswered. I think he went off line before answering my follow-up question. Please let me know if you able to look at the question trail and respond?

Customer: replied 1 year ago.

My other question that was outstanding has been answered. Thank you anyway and I will request you again in the future.

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