Custody arrangement and Holiday Schedule

Asked almost 2 years ago - Vienna, VA

My son is 2 years old and by court I have him every monday 8 am till the following day 9 am . by court we have a modified holiday schedule that starts at 6 pm on the 24 which is monday. My ex wife is refusing to give him to me in the morning, saying that by Holiday schedule I can have him only at 6 pm. Again Holiday Schedule starts only at 6 pm which means before that it is a normal schedule and I should be able to pick up my son in the morning. We have planned the trip on Monday morning and I am afraid she is doing this on purpose to ruin our plans. If she hides my son on Monday morning, which she has done it previously... what can I do? I have a legal court order with my schedule.

Attorney answers (2)

  1. H. Eugene Oliver III

    Pro

    Contributor Level 12

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    Answered . Holiday vacation time replaces the normal schedule only for the duration of the holiday period - so you follow the normal schedule until 6:00 pm on Christmas Eve.

    If she hasn't followed the schedule, you have grounds to file a rule to show cause. Unfortunately that does not help you right now.

    Also, not following a child custody order is a class 3 misdemeanor (18.2-49.1) and you may have some success calling your local police dept. or sheriff's office.

  2. Kristina Marse Beavers

    Contributor Level 10

    Answered . If the child's mother is not abiding by the terms of the court ordered visitation, you have grounds to take her to court to show cause why she should not be held in contempt of court for failure to abide by an order of the court.

    Most of the time, the holiday schedule is in addition to 'normal' visitation and is not put in place to minimize the 'normal' visitation.

    Of course, that isn't going to help you much next week.

    Kristina Beavers, Attorney at Law is located in Yorktown, VA and can be contacted at 757-234-4650. The website... more

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