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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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my daughters father has not been in the picture for most of

Resolved Question:

my daughter's father has not been in the picture for most of her life until October of 2012. I went through a lawyer for her to have visitations with him and on her 2nd visitation they asked her to move in with them. It has been an ongoing issue and now this weekend he is telling me he is not going to drop her off at the destitation time or place. He has stated that she wants to say the week with him and my lawyer has advised me to not allow any extra time with him. Our winter agreement states parenting time every other weekend Friday 7:00 pm through Sunday 7:00 pm. The Holiday, Breaks & Summer schedule states "Summer parenting time shall be the same alternating weeks with the exception being that hte exchange shall take place in Goddard on Friday evening and in Augusta on Sunday evening. When I consulted my lawyer here recently on this because he refused to let my parents pick her up she advised me that if it was suppose to be alternating weeks it would state "week on" and "week off". He has advised me that he has consulted with 3 lawyers and if I do not allow him to keep her for the week they will file contempt of court. Do I have the right to deny him from keeping her the week and is he within his rights to file contempt of court against me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - I agree with your lawyer and if the father keeps your child more than the allotted time you are the one who needs to file for contempt. Every other weekend is the standard order of visitation and it doesn't mean "one week on and one week off". Verbal agreements are not enforceable in court so regardless of what you may have said it doesn't matter. I'm not certain of the age of your child but once children are 14 orXXXXXwill generally listen to their wishes regarding custody. The court has the final say based on the best interests of the child and based on the fact of the short time the father has been involved I seriously doubt the court would approve of a change of custody at this early date. In any event, the court order is what is important now and what it says is that he gets every other weekend. His attorney knows this and I have no idea why the attorney would try to say that it says something different. Anyone can file a motion for contempt but in order to be successful there has to be contempt and you are not in contempt if you follow the order that is in place.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
Dave Kennett and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I can't thank you enough. You have been of great help.
Expert:  Dave Kennett replied 1 year ago.
No problem and thanks for using our service - Dave

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