Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I have primary custody and the father have weekend

Customer Question
I have primary custody...

I have primary custody and the father have weekend visitation. In a court ordered document it states, “the father gets the child 6 pm the day before Thanksgiving and return the child 6pm the day after Thanksgiving. The father is saying he is not bringing the child back because it’s his visitation weekend. Is this correct?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

Pity county North Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

Pitt

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The judge said he must follow the holiday schedule and it don’t matter if it’s a weekend

Submitted: 7 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
11/24/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,394
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Good morning. The court order does control. If the father does have the child this year for Thanksgiving AND the same weekend, he should be able to keep the child through the weekend, since that is the visitation which is ordered. The fact that both are back to back and he would have the child for longer, does not mean he would or should lose his visitation weekend. If the order is silent about a situation like this, where a holiday runs into a weekend, you would need to take the father back to court and ask that the Judge order that if this happens, either the weekend or holiday would be forfeited, if you have a basis for that request.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
The judge said the weekend would be forfeited. So what’s next?
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Is it in writing or was this only verbal? If it was verbal, why was it not stated in the order and/or why is the father refusing to adhere to it?

Ask Your Own Family Law Question
Customer reply replied 7 months ago
Verbal. I have been to custody court a total of 5 times to have the document modified because the custody order does not fit the father lifestyle. He is controlling. He took me back to court because he did not like the judge wording in the order.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Thank you for the reply. If this is verbal, it is going to be hard to do something right now or before Monday. I say this because it is a civil matter, not criminal, so if you contacted the police an asked them to assist, they would need and want to see something in the court order, that states that the child is to be returned this weekend. If there is nothing in writing and this was verbal, there is no evidence of the Judges order. What will happen, is that you would need to file a motion on Monday, unless the court is open today in your county and seek to hold the father in contempt, for failing to comply with the Judges order. The Judge could take action and also modify and amend the order, to address situations like these. I know it is not ideal and what you were hoping to hear but I have an obligation to be upfront and honest with you and based upon the shortage of time, it would be hard for you to get the child back today, absent a court order or police involvement.

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 7 months 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!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,971
11,971 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have a question on parenting plan interpretation specific
Hello I have a question on parenting plan interpretation specific to Florida. is anyone available that is knowledgable on this… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
My court order states ...dad gets every other weekend from
my Virginia court order states ...dad gets every other weekend from Friday 7 pm to sunday 7 pm, 2 consecutive weeks in july, spring in odd numbered years from 7pm the last day of school until 7 pm the… read more
LegalGems
LegalGems
Juris Doctorate
12,587 satisfied customers
Our custody agreement states break holiday my son's
Our custody agreement states for spring break holiday my son's father gets him from 5 pm the day after school dismisses until 5pm 2 days before returning to school. This would have him returning today… read more
LegalGems
LegalGems
Juris Doctorate
12,587 satisfied customers
I need an interpretation of a current court order: Mom/Dad
I need an interpretation of a current court order: Mom/Dad have joint legal custody. Mom has primary physical custody. Parenting time is as follows: Dad 6pm Sun - 6pm Wed, Mom 6pm Wed - 6pm Sunday. Ho… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
I have primary custody, I have even years for Thanksgiving.
I have primary custody, I have even years for Thanksgiving. In my order it state The I have the right to possession of the child beginning the time the child is let out of school for Thanksgiving and … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Would you mind reading this, and giving me your outlook on
Would you mind reading this, and giving me your outlook on what it says? This is how my visitation reads in the decree signed by the judge (we're not seeing eye-to-eye on it at all). "They have agreed… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a mother of 2 children, never married. the children have
I am a mother of 2 children, never married. the children have lived with me since birth. they attend school in my neighbour hood, and the father lives in another county. we are currently in court over… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
A GA custody hearing was held in February 2011 and the court
A GA custody hearing was held in February 2011 and the court transcripts state that my son has visitation rights, every other weekend, from 6 PM Friday until 6 PM Tuesday until June 1, 2011. The final… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Question about standard custody visitation in Trumbull County,
Question about standard custody visitation in Trumbull County, Ohio. My child is 2 years old, and this weekend is her fathers weekend to have her. Now with Monday being a holiday, does this rule apply… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am the father of a 6 year old daughter, and been in and out
I am the father of a 6 year old daughter, and been in and out of the court system for various custody related issues for all these 6 years. The judge awarded joint custody with the mother being the pr… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
My fiance has joint physical and legal custody of his daughter
My fiance has joint physical and legal custody of his daughter based on a consent custody order signed by the mother. The mother moved to TX and has custody of the child during the school year. The fo… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My sons birthday is this Friday. Per the standard visitation
My son's birthday is XXXXX Friday. Per the standard visitation order, the parent who does not have possession of the child can see him from 6-8pm on the day of his birthday. My weekend visitation star… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
What is full custody of a child and joint custody of a
what is full custody of a child and joint custody of a child. If as a mother wants to apply for full custody of a 12 year old child what is the criteria of getting full custody.… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Can you recommend a best practices report or guidelines for
Can you recommend a "best practices" report or guidelines for child visitation in Maryland, particularly Montgomery County? Especially interested in recommendations regarding overnight visits for a 20… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
My questions is about parenting time written in a court order
My questions is about parenting time written in a court order in Eugene, Oregon. It states for 'Summer Vacation' - 'Mother shall have six weeks of parenting time with the child every summer and then a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My ex wife has three holiday weekends in a row with our son.
My ex wife has three holiday weekends in a row with our son. Does she get all three weekends or does the third weekend go to me?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am divorced in Texas. I am primary custodian and my ex-wife
I am divorced in Texas. I am primary custodian and my ex-wife is NCP with expanded standard visitation schedule. In school times, she picks up kids each Thursdays 3pm and drops them off to school Frid… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I have an infant that is 3 months old. the father left ...
I have an infant that is 3 months old. the father left while I was pregnant and has seen the child every other weekend since she was born. We are trying to establish a visitation plan because she has … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x