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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2509
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My wife, with whom I am separated from (going on 2yrs.) and

Customer Question

My wife, with whom I am separated from (going on 2yrs.) and I share custody of our 5 year old daughter (30/70 wife) agreed to myself using a vacation date. This vacation date is within use of my court order and required me to provide my ex with 30 day
written notice, she had 3 days to decline. She is now a week before I am to use the date trying to demand I bring my daughter back at 5 pm when we had agreed to 8 pm. Also, my normal custody time is Mondays from 4-8 pm, so I am specifically using this vacation
day to keep my daughter over night following my weekend with her, I would normally have to return her at 7pm Sunday evening and have her all day on Monday. What should I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

It sounds like the court order allows you to keep her every Monday at 8. Am I right in understanding that? If so, why is your ex wanting it different that week?

Expert:  S. Kincaid replied 1 year ago.

(As opposed to any other Monday.)

Customer: replied 1 year ago.
To be difficult. I am using a vacation day for the Sunday to Monday overnight and day time Monday which is her time. My ex likes to control things and be the dictator of what can happen. But Monday evenings are my time already granted by the order.
Expert:  S. Kincaid replied 1 year ago.

If that time is normally your time, the vacation doesn't change that and you can keep your child during your regular visitation time. If she had a good reason, the Court might want you to be reasonable, but if she give no reason, then there's no reason for you to give up your court ordered time.