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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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I have a question regarding my fiancees divorce agreement.

Customer Question

I have a question regarding my fiancee's divorce agreement. It states that he gets his child 8am to 2pm and on his days off. She gets their child from 2pm to 8am and on saturdays and sundays. We enrolled his child in a preschool from 8:30 til 11:30 so that it wouldn't interfere in her hours since she was against it. It is his time and he is paying for it, but she is trying to prevent him from getting his daughter in the morning to bring her to school. I was wondering if there was anything we could do?
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hi there:

each parent has an implied duty to not interfere with each other's parenting time; if the mother is obstructing the father's parenting time and is unwilling to cooperate, the recourse that I typically recommend for clients is to petition the court for a change in the custody schedule to benefit my client. In other words, if she is running late so that he can't get his daughter to school on time, ask the court to order his time to start at 7:00 a.m.

If that is not practical, he may also wish to consider filing for contempt of court against her. Contempt is criminal in nature, and that usually gets people's attention.

Let me know if more information is needed, and please remember to click "accept". Thank you.
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Customer: replied 7 years ago.

but she said that the divorce agreement is void and to contact his lawyer and that he can't pick up his daughter at all or "actions will be taken" but the divorce isn't void.

Expert:  Brandon M. replied 7 years ago.
I am glad to help with follow-up questions, but I typically ask that the customers click "accept" first if my original answer was adequate. Is it ok for you to do that in this situation?
Customer: replied 7 years ago.
ok i did that. sorry.
Expert:  Brandon M. replied 7 years ago.
No problem, and thanks. XXXXX don't care what she says is void; the court decides that an order is void, not her. In the meantime, she is most likely in contempt.