Legal Question in Family Law in Florida

I live in Florida and have a custody order that states I get the Thanksgiving Holidays this year with my child and my EX would get Fall break if the school elected to have a fall break. Since the school has thanksgiving holiday/fall break combined my EX is threatening contempt if I do not let her have everyday but the day of Thanksgiving. my divorce papers say I would get him from the time school ends until the following Monday. so can she take me to court for contempt considering the school elected to combine the thanksgiving and fall break?

Asked on 11/24/15, 2:21 pm

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

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The question is not whether she can take you to Court (she can); the question is whether she has a good case (probably not). Your final judgment says you have time sharing with your child from this time to that time over Thanksgiving. You did not cause your ex to miss her timesharing for fall break, the school did. I doubt there's contempt there. By the time the judge gets this case in front of him, Thanksgiving will be a distant memory. If you are so inclined, you can offer to split the Thanksgiving timesharing in half with your ex - perhaps you take from the end of school thru Friday at noon; let Mom have her until its time to go back to school. The worst a judge would do is probably order her some make-up visitation.

Answered on 11/24/15, 2:36 pm

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