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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have an court ordered parenting plan to have my kids 1,2,and

Customer Question

i have an court ordered parenting plan to have my kids 1,2,and 4 weekend and mothers day. do i have the right to my court orded visit, even the other person just doesnt want me to?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
It is not up to the other person--a court order is a court order which controls all parties, not just when someone may want it to control or not. That means that regardless of that person's wish, if you are listed as entitled to this time, it is your time...and withholding the child can be seen as breaching the court order as well as parental alienation granting you the right to go to court for a contempt of court order petition against that person. If that person 'just doesn't want to', that is NOT good enough--they have to show that if there is danger or risk to the child, or other such factors. But wishes are not legitimate.
Dimitry, Esq.