Custody order/schedule


#1

In the permanent custody order it states that I receive visitation every other week from Thursday - Monday. I have every other holiday. I had the children for my regular weekend the 18th through 22nd. Then it was my year to have them for Thanksgiving weekend which was the weekend follwoing my regular weekend. My regular weekend begins again on Dec 2nd. My thinking is that the weekends remain the same and the holiday is in addition to. Is this right? My Ex-wife is trying to keep the children this coming weekend because I had them for the holiday but if it were not a holiday last week it would still be my weekend to have them. Am I correct or can she legally keep them.


#2

It depends on the specific language of your Order/Agreement. If the language says that the regular schedule resumes after the holidays, the current rotation would remain in place and you end up having the children 3 weekends in a row.


#3

Thank you!


#4

You are most welome.


#5

I was told by my Ex-wife that I will not be getting my children this weekend. This is what the order states. Please let me know if this is in line with what we discussed and if so, what measures I could take. Thank you!

This holiday schedule shall take precedence over the regular school year schedule. As such, the regular visitation will temporarily cease in order to observe the holiday schedulem, and resume the following week.


#6

In my non-lawyer view, it says that the visitation schedule pauses (as in, her weekend is put on hold), and then picks up again the following week. I think she may be right that she gets the kids this weekend.

Think of it in DVR terms…you pause your movie (ie, her visitation weekend in exchange for the holiday), go away for a while, and then resume your show (ie, resuming the following week). It picks back up where you paused it…which would be her visitation weekend.

Just my take…


#7

After reading the language I tend to agree that the weekends reverse and she would have the kids this weekend.


#8

Thank you both very much!


#9

You are welcome!