He's trying to set it up so he has 18 days in a row with my son, when it specifically states that it's two one week (7 day) periods. Does that mean that if he takes him on July 23 (the 23rd and 24th are regular schedule days) that he wouldn't have to return him til July 2nd (9days later) or would the 23 and 24th be included in his 7 day period? I would rather not have to send him at all, he's been reported to police and CPS for child abuse and out of the over $1200+ he owes in child support and medical, he's only paid $51. It's like he's getting away with everything and I'm being buried in medical bills, child care, and now he's trying this.... What can I do?
Divorce / Separation Lawyer
I can see his argument that by starting his 7 days of uninterrupted vacation time at the end of his regular 2 days visitation time that he would actually get 9 days total in a row. That probably was not the court's intent, however, were you in front of the judge, it might go either way, depending on exactly how the order is written.
If I understand correctly that his regular visitation is 2 days every other week, presumably every other Saturday-Sunday, I fail to see any mathematic equation that makes 18 days in a row.
IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.
Information provided on this site does not constitute legal advice. Answers posted here are based on a very limited amount of information and are given without a conventional consultation. Information posted here should be valued accordingly. We offer free initial consultations that require completion of a questionnaire detailing your situation and a personal one-on-one attorney interview to provide qualified legal advice. The answers posted here might be completely different with more information.
Family Law Attorney
From what you've said it sounds like that there is nothing to prevent him from tacking on a one week (7 day) vacation period to the regularly scheduled days. However since you said it says two one week periods, he should not be allowed to take the child for 2 weeks in a row. Refuse to give him the child for two weeks in a row. Regarding the child abuse, it's very important to have good evidence of the abuse before making such an allegation in court. If you suspect abuse take the child to be examined by a doctor immediately. Have the child see a therapist so the therapist can testify to whatever abuse the child has experienced. Regarding the child support, you should file a petition with the court to have it enforced. The child's father could be jailed if he does not have a valid reason for not paying the support.
2 lawyers agree