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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32146
Experience:  JD, 16 years legal experience including family law
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I have a custody order from 2009 that awarded custody to me

Customer Question

I have a custody order from 2009 that awarded custody to me with visits (if requested 7-10 days in advance) and a specified summer time visitation with the father from July 1st through the 22nd.
In November 2012 we went back to court and agreed on a regular visitation schedule to every other weekend from Friday to Monday morning for him with specifications for Christmas and New years only, and I have them all other times.
The father is still trying to enforce that he is entitled to the summer visit time due to the order stating " all other orders not in conflict with this order are to remain in effect."

Wouldn't the new order from 2012 trumph the one from 2009 since the custody clearly changed. And the summer visits now null and void due to the new order we agreed on?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What is the precise language of the new provisions? Does it expressly state that custody remains with you except for the holidays and weekends specified?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

2012 Order: Father shall have the children on alternate weekends, from after school/work on Friday until Monday at 7am.


 


Any additional parenting tiems or changes in parenting time, mutually agreed upon, shall be allowed. Changes shall be in writing, dated and signed by both parties.


 


The children shall be with each parent designated on the following holidays:


[Christmas and Thanks giving holiday explained]


 


All previous court orders, not in conflict with this report, shall remain in full force and effect.

Expert:  Tina replied 1 year ago.
Hello again, Kionne, and thank you for clarifying that for me.

Unfortunately, I would have to agree with your ex on this one. Since the new order does not address summer visitation, but is silent on that issue, and does indicate that all previous orders shall remain in full force and effect if they do not conflict with the new order, the provision allowing for summer visitation would typically remain effective.

The summer visitation provision does not conflict with the new orders, so based on the plain language of the order, the summer visits would remain in effect. I'm sorry.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

The old order was based off him living in Georgia.


Even with him living in now California, I will not be able to see them for a month?

Expert:  Tina replied 1 year ago.
Hello again, Kionne.

I was attempting to interpret the language of the orders based on the information you provided and the summer provision would typically remain in effect since the new order does not address summer visitation.

If you have reason to believe that the court did not mean to provide summer visitation because of the distance, you could file a motion seeking clarification since the order is subject to a different interpretation. If you had an attorney representing you, I would request help from them as they should be familiar with what the court indicated at any hearings that took place.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32146
Experience: JD, 16 years legal experience including family law
Tina and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Awesome to know. I truly appreciate you taking the time, and thank you again Tina for all of your help.


I pray you have blessings in your practice.

Expert:  Tina replied 1 year ago.
You are very welcome, Kionne, and thank you so much for the kind words. Many blessings to you as well!
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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