My daughter is 5. Her birthday is right at Thanksgiving. In our order it states that holiday and special occasions supercede regular visitation. In even numbered years I have her from 5 pm Wednesday till 2pm on Thursday. I have sole custody of her so she’s with me then anyway. He has her from 2pm Thursday till 5 pm on Friday.
Here is where it’s tricky. It is his weekend and usually on fridays he picks her up at 5pm. Her bday is Sat the 24th and it says that if her bday does not fall on a custody/visitation exchange day then she is with the parent that she is not regularly scheduled to be with from 2pm until 6pm on her bday.
So my ex and his wife have messaged me and told me that they are getting my daughter Thursday at 2pm and will not bring her back till Sunday at 5pm. Obviously I have a problem with this because I’m supposed to have her some on that Saturday. If I wanted to really go by the order wouldn’t he have to bring her back Friday at 5 and then he have her from 2 to 6 on Sat?
I honestly just want to schedule her party for her and her friends and not have to do all this. I was just going to do 2 to 6 sat and leave it alone till they said I wasnt getting her at all for me to plan this weekend because she wouldn’t be here next.
Based on your description of the court order, it sounds like if Dad is scheduled to have her on Saturday all day (because it’s his scheduled weekend), then you would be the parent not regularly scheduled to be with and so you would have her the day of her birthday 2pm-6pm.
It sounds like it is correct that Dad is to have your daughter from Thursday at 5pm until Sunday at 5pm, except that you are allowed birthday time from 2-6pm on Saturday, the day of her birthday.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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