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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28010
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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We live in Utah. My son's birthday falls on president's day

Customer Question

We live in Utah. My son's birthday falls on president's day this year. Birthday's take precedence over holidays. The father has him for President's day and on his birthday from 3-9 pm. He's refusing to let me pick up the child in the morning until 3 pm. What recourse do I have?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Can you just clarify for me the situation, so I fully understand? You shared he is refusing to allow you to pick up the child until 3pm but you shared that he has him from 3-9pm, so I just want to make sure I understand the times and the claim that he is making, that you are not entitled to your son.

Customer: replied 1 year ago.
He isn't allowing me to pick him up this morning to have until he can pick him up at 3 pm
Customer: replied 1 year ago.
The father gets him for president's day this year. But this is also the child's birthday which takes precedence. This year the father gets to have the child from 3-9 pm on his birthday. I should have him the rest of the day for his birthday and was trying to pick him up at 8 am. Then the father would have him from 3-9 as per statures.
Expert:  FamilyAnswer replied 1 year ago.

Thank you. Allow me a moment

Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. If the child's birthday takes precedence and would allow for shared/split time today, then you would be entitled to your time with your son. By that, I mean he would be able to have your son from 3-9pm and while it is presidents day and his day with him, it would not trump or take presence over the birthday visitation, which you are entitled to. If the court order is clear, you can contact the police and see if they would accompany you to his home, to pick up your son and then return him, at 3pm. If they will not get involved ( since they may claim this is civil), then you would need to likely file a motion with the court, seeking to hold him in contempt, for violating the court order and not allow you the shared time with your son, on his bday. While I understand his argument ( i.e. that it is his day with the child,) you explain that the birthday controls over the date, so you would be entitled to your time as well. You should not physically take the child away, so if he refuses to turn him home or the police do not get involved, the court would have to step in.

Expert:  FamilyAnswer replied 1 year ago.

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Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!