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My child’s father will not take her tomorrow on his

Customer Question
My child’s father will...

My child’s father will not take her tomorrow on his scheduled time 8am-3pm. But wants her on his next day Monday at 3pm with no explanation.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Yes. We have a parenting schedule. He should have her Sunday (tomorrow) 8a-3p

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

No that’s the situation. Thank you.

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
12/24/2017
Lawyer: LegalKnowledge, Attorney replied 6 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,382
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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he just wants to skip tomorrow and see the child next week at his scheduled time?
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Customer reply replied 6 months ago
he wants to skip a day (tomorrow) but then see her the following day. And I work tomorrow so that is caveat to the situation.
Lawyer: LegalKnowledge, Attorney replied 6 months ago
Thank you for the reply. He can not just skip his day and if he does could be in violation of the court order. If he does not appear and take the child and you have to incur the cost of child care or even miss work you could take him back to court and hold him in contempt and ask the judge to order he pay for the cost or loss of income. Now, if he is not scheduled to see her the following day you do not have to allow it since it is your time.
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Customer reply replied 6 months ago
If he does not pick her up tomorrow is she in my custody until we go to court?
Lawyer: LegalKnowledge, Attorney replied 6 months ago
No. He would still be entitled to his court ordered time but you could take him to court for violating the order and not taking the child and ask for relief. You could ask to also modify the order and address in the future what happens if he fails to exercise his custody/ visitation.
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Lawyer: LegalKnowledge, Attorney replied 6 months ago

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Lawyer: LegalKnowledge, Attorney replied 6 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!

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