Legal Question in Family Law in Colorado
child visitation
My son was granted partial child custody; he has his daughter 5 years of age from Thursdays after school to Mondays before school. They agreed on holidays would be full days with alternating holidays (she gets her on Thanksgiving and he gets her on Christmas). Because Thursdays is usually his day of visitation with the daughter he looses Thanksgiving because it is the mothers holiday. But when it comes to Christmas, the mother will not let my son have his daughter before 2 in the afternoon, because she has plans with her family for Christmas and my son will just have to wait until she decides when she is ready let my son pick up his daughter for Christmas. This puts a real bind for our family, let alone his family, (he has a son and a step son with his new wife).
So my question is what time does an all day holiday schedule start? My son would like to pick up his daughter at 10:00 pm Christmas eve, so that way she wakes up Christmas morning to presents from Santa under the tree. The mother says no it starts when she is ready to release her.
1 Answer from Attorneys
Re: child visitation
If the parenting time plan adopted by the court does not state otherwise, then "Christmas" implies the 24 hour period starting at midnight. However, your son can't simply take matters into his own hands and abduct his daughter while she is with her mother. If the mother is truly being unreasonable, you should petition the court to clarify the parenting time plan, and propose a solution to the court that makes sense.
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