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Am I within my legal rights and how should I exercise them productively?
Anonymous5 views4 answers
My ex-husband is the custodial parent of our daughter. He has now been in jail for 4 days. Spring break is next week and he and I had agreed she would spend it with me. The relative she was left with is willing to cooperate with my visitation ( I have a court order) but he is very vindictive and is angry he is in jail. Is it legal for me to exercise my visitation through a third party in these circumstances?
Alake Oni ColwellDivorce / Separation LawyerLawrenceville, GA ·
If this visitation is part of your court order, you can exercise your parenting time regardless of who you have to pick up the child from. None of that would effect your visitation. However, since you said you all agreed that she would spend spring break with you, if this is not part of the order he can change his mind and say you can no longer have your visit. But a third party has nothing to do with your visitation and does not effect it. And if your visitation is outlined in your divorce papers, i.e. your parenting plan and/or settlement agreement, regardless of whether he is angry, he cannot take away your parenting time because it was given to you by the court.
Jocelyn Powell DaniellAdoption LawyerWarner Robins, GA ·
Why is he in jail? It sounds like to me you may have a case for modification of custody. You may also be able to file an action in juvenile court for emergency custody. You should speak with a family law attorney in the county your ex lives in.
