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Oct 05
2007
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Ask a Lawyer: Can Grandparent visitation change prior parent's visitation schedule?Posted by: Dads Divorce on Oct 5, 2007 Tagged in: Visitation , Visitation , vacation , Parenting , grandparent , GAL , custody , AZ , Ask A Lawyer , agreement
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Question:
My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time?
Answer:
I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.
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