The weekend of 1/12 was my custodial weekend and then I just happend to get MLK weekend this year so weekend of the 19th was mine also. I have the kids every Th & then the T following his weekend which is essentially every other Tuesday which is what we have followed for the past 2.5 years. But the Tues after the 19th his new wife picked up our son despite that according to our past precedent it was myTues. When I confronted his attorney she said it was his because he didn't have them this past weekend. Besides the fact we have never interpreted it that way before and he arbitrarily decided to change things, my point was that if that's the case then Tuesday would be my day any weekend he has the kids including holidays which also has never happened. Who is right? What can I do?
If this is the only incident in which you think he did not comply with the current custody orders, I'd let it go. It won't be worth it for you to file a motion or otherwise bring the violation to the court's attention. If you think your order is unclear or ambiguous and therefore left open to interpretation, I would recommend you seek an amendment or modification so these types of "mistakes" aren't made again in the future.
Family Law Attorney
You need to have an experienced attorney look at the order and see if you can spell it out better.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
Child Custody Lawyer
I agree with both attorneys that responded. If this is the first time this has happened I would suggest just letting it go. If this is happening because the order is ambiguous and open to interpretation I would suggest having an attorney in your area review it and perhaps reach a stipulation with the other side which clearly spells out the order.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship