QUESTION
Did I still legally have custody of my child?
Asked on Nov 29th, 2024 on Child Custody - California
More details to this question:
My court order currently states that holiday schedules supersedes the regular visitation. Thanksgiving this year was both my holiday from 9am-6pm and it also landed within my regular visitation time. We usually exchange our daughter at 6:30pm on Thursdays. I continued on with the 6:30pm exchange because technically my daughter is still court ordered in my car at that time. I am being threatened with court by the other parent because she believes I was supposed to exchange earlier.
1 ANSWER
Appellate Practice Attorney serving Cockeysville, MD
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Law Office of Jason Ostendorf LLC
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Although I'm a Maryland child custody lawyer, I do know that, in California, when a court order specifies that holiday schedules supersede regular visitation, the holiday schedule takes precedence. If your court order granted you custody on Thanksgiving from 9 a.m. to 6 p.m., your custodial time for that holiday would have ended at 6 p.m., even if it overlapped with your regular visitation. Continuing the exchange at 6:30 p.m. may be viewed as a deviation from the court order.
However, disputes like this often arise due to ambiguities or misunderstandings in parenting plans. To avoid future issues, it's a good idea to clarify any conflicts between holiday and regular schedules with the court or through a stipulation with the other parent. Consulting a California child custody lawyer can help ensure your actions comply with the court order and protect your rights if further legal action is taken.
Answered on Dec 02nd, 2024 at 7:04 AM