Legal Question in Family Law in New Mexico
Non-custodial parent summer visitation
My divorce settlement states that my ex-husband (the non-custodial parent) has physical custody of our daughter for 45 days during the summer. It also states that "on or before May 1st, Petitioner shall designate which part of the summer he wants to exercise physical custody of the child." What kind of rights do I have if he does not notify me by May 1st? Can I designate which part of the summer he may keep her? Or can I tell him that he cannot keep her at all? If so, should I notify him in writing of what I intend to do?
1 Answer from Attorneys
Re: summer visitation
Visitation squabbles are very difficult to mediate through the courts. I don't know what the law provides for specifically in your state. However, I think as a general rule it's better to play by them. If you are not notified by May 1, I guess that means the ball is in your court, meaning that technically you may be able to call the shots at that point. But I would be careful for a couple of reasons. One, the court might not be pleased if ex-hubby calls 2 minutes after midnight on May 2, and you say Ah Ha, I've got you now sucker. This probably is not the scenario, but it always helps if both parties play fair.
The other issue is the possible impact on your daughter both from her father's neglect to make proper arrangments and your possible refusal to let her visit (I am making the assumption that she wants to visit just for the sake of argument. Maybe she despises the creep. In which case you might want to try every manuever you can think of)
Legally, this whole area is a swamp that many seem to enjoy wallowing in. Try to avoid it if you can.