Legal Question in Family Law in Georgia

Divorced in Ga, and have a parenting plan in place that states my 15+ year old daughter must spend the 17th through the 26th of December with her mother in another state. My daughter wants to spend some time here with her friends and go out to see mother on the 22nd and stay through Christmas. Court orders are somewhat gray about transportation. Normally we meet half way. I do not want to force the daughter to go on the 17th and have offered to bring her on the 22nd or let mother come out on the 17th, however my daughter is resistant to leaving on the 17th. The mother wants to have me held in contempt if I am not at the meeting place on the 17th. Should I just force the daughter to go and take her on the 17th?


Asked on 12/05/11, 6:23 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You do not have the legal right to ignore a court order and defy the judge Your parenting plan is part of a judicial order, and you have a duty to comply with it. If you defy the judge, you do run the risk that you can be found in contempt, be made to pay attorneys fees and possibly lose some of your custodial rights (or even be jailed).

It is fine to ask the mother if she is willing to compromise, and if you plan to shorten her parenting time by 5 days, that wouild obviously have gotten a chilly reception, and she has the right to say no. Had you actually been trying to compromise, you might have offered to give you ex the full week until New Years in exchange for losing the 4 days. That might have been a win-win. You have to use your head when visitation is a touchy thing, and instead you frankly appear to have done the opposite. Try my idea (and if she agrees, get it in writing).

15 year olds are going to use one parent against the other when they can, and they will want increasing flexibility, so you have to think smart when these issues come up. By making a different better offer your chances of change increase, and you may have less problems on the next dispute.

Good luck.

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Answered on 12/05/11, 6:42 am


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