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I have an agreement to meet with my ex at a police station to exchange my daughter. For the past 2 years he agreed to pick her up at my house/ job via email and text messages. Does he have the right to demand that we go back to the police station for drop offs and pick ups? I have to work on Friday evenings and only have a 15 minute break. What can I do so that I do not end up in contempt of court for denial of visitation? My daughter goes to her father every other week, unless she is sick with a fever. I do not want to be in trouble in court but I have to work on Friday evenings.
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Child custody and visitation matters are equitable in nature. This means that the Court will try to do what is fair, meaning it could go either way depending on the judge. You should consult with a family law attorney in Baltimore, MD. My firm can help.
Here, a Court could decide either way. Since the agreement states that the transfer must occur at the police station, a judge could rule that way, especially if the agreement contains a provision stating that it can only be changed or modified if agreed to by both parties in writing, which is a common provision. However, a judge could also easily rule in your favor by finding that you and the ex modified the agreement through your continued pattern of conduct over the past two years.
For now, prior to any new court ruling, it is probably safer to go to the police station, however, you should email your ex stating how much hardship this will cause, in light of the fact that you have changed your position because of the two years of transfer elsewhere. My firm can help you seek an appropriate court ruling in your favor.
Answered on Jan 26th, 2015 at 1:53 PM