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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I need some help with an Alabama (her first year on competition

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I need some help with an Alabama (her first year on competition but 3rd dancing). He had a copy of the contract and we have gone thru the WHOLE season w/o any problems. We agreed that if any competitions fell on his weekend (which they did) we would make arrangements for his visitation so he could still have time w/ her (which we did) Now the WEEK BEFORE she goes to Nationals he is changing his tune saying he ever signed a contract and that he is not taking her to the final manditory dance practice friday b/c he and his new wife "made plans" to go to the beach. He has been aware of the practice since June 3 and just informed me he was not bringing her yesterday. Is there something in Alabama about noncustodial parents and child activities?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Has visitation and custody been ordered by the court? When you said there is a signed contract, when was this written and signed and who drafted it? Also, if you have a copy of the signed contract and showed it to him, how can he claim he never signed it? Her is alleged fraud and that someone sighed his name?
Customer: replied 4 years ago.

Yes, visitation and custody has been ordered by the court. We actually JUST went back to court on the 19th for modification. I did not bring this up b/c it was not an issue then. No he DID NOT sign the contract at all technically there IS NO signed contract b/c I never turned it in. Clarification: I figured he would try something like this, so, when the contract for the Dance Company came out I took him a copy of it so he would know fully what would be required of her to say on the Competition team. I asked him to sign it b/c I wanted HIS signature on it INCASE he tried this crap. He refused and said she could not dance. So I told him that he would have to tell her himself that she could not be on the Competition team and he was backing out of our origional verbal agreement. He did not tell her. For some reason over that weekend he changed his mind and decided to let her do it. On 9/19/12 I sent him a text msg saying I was going to turn in the contract for the Dance Company and was it still alright. He reasponded "that's cool". Our agreement was that anything dance related that fell on his weekend we would work out an arrangement so he would not lose time. We live in the same town so it is not a big deal to switch weekends. BUT now I have cut my own nose off b/c after court I deleted all the text msg I have been saving from him to keep him from doing this still. His only fall back right now seems to be "I didnt sign the contract you did so I am not obligated for anything!" They want to go to the beach on 6/28 and her last practice will have to keep her here on that day so now he is pulling this junk

Sarah, thank you for the additional information. If there is a signed court order in place, allowing him visitation on specific days, then that is going to control, for the time being. Any issues or situations regarding a conflict like this, would have needed to be addressed in the court order, as to what would happen, in the event that his weekend fell on a time when he had visitation with her. As such, you would need to go back to court and have the ordered modified, once again, to address this issue, as it can be reoccurring. As to why the father would want to prevent his child from doing something she enjoys and wants to do is beyond me but it sounds as though he is just trying to spite you, while hurting her in the end. Technically, if you failed to let her go with him and took her to the competition, he could decide to take you back to court and ask the Judge to hold you in contempt. If he were to do this, you would need to explain to the Judge the reason for your actions and failing to comply with a court order.You certainly do want to consult with your attorney about the issue but seeing how close in time the competition is, you may not be able to file a motion and go before the Judge, asking that she be allowed to go. A Judge is always going to act in the best interest of the child and it is not uncommon for these types of situations to be addressed and decided at the time of custody and visitation. However, since you knew about it, it should have been included in the order to prevent something like this from happening.

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