Understanding court order for summer visitation

My Ex remarried shortly after our divorce. They are both recovering alcoholics with a background in domestic violence. When we went to court for custody I was awarded sole legal and physical custody of our 5 year old daughter. I have had nothing but harassing and threatening messages from his current wife in relation to every single question that comes up about our order. My ex doesn’t really say much but lets his wife do the talking. On numerous occasions I have asked for her to just not text me or communicate with me unless there is an emergency. Summer is coming up and our school term is out June 8th which falls on the Friday he gets visitation. He gets her 1st, 2nd, and 4th weekends every month. Now for the summer he gets her the first week of June, July, and August. I have 3rd and 5th weekends and all other times that do not include his visitation. The first week after school is June 8th. My question is this because in our order it does not specify what exactly a week is and it says in addition to his weekends , what is his week? I read on a law site that the week is 5 days and then adding on sat and sun of his regular visit. I gave them the dates for the summer at the beginning of April and there were no disagreements but now I have been told by his wife that if I do not give him more days that they will take me to court for full legal custody. He has June 8th to the 14th. I have her home on the 15th and then he has her again the 16th at 4 to the 17th at 4 for Father’s Day. The weekend of the 15th is the 3rd weekend which is my weekend but because of Father’s Day he gets that additional time. Am I suppose to lose my weekends if they fall on the 1st of the month or does like for instance July 2nd is that Monday and he gets her then for his time? I’m lost and confused and extremely stressed out.

If your order does not define what a week is, then a week would be 7 consecutive overnights, or as you mentioned, the 5 week days plus the 2 weekend days. So if Dad is supposed to your daughter on a Friday for a week, then he would need to return her to you the following Friday.

You have no obligation to give Dad additional custodial days. Your only obligation is to follow the court order and your good faith and reasonable interpretation of it.

Typically in custody orders a holiday schedule or holiday visitation time, like for Father’s Day, supersedes the regular custodial schedule. So yes, unless your court order specifies otherwise, you would lose your regularly scheduled weekend over Father’s Day because the Father’s Day visitation time will take precedence.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you so much! I understand about the Father’s Day time and would never try to take that. It’s 4pm Sat to 4pm Sun. The next question was the week in July. June has 5 weekends, which 3rd and 5th are mine so would his week start that Monday, July 2nd? No where in our oder does it state I give up my time for his week.

If your court order states that Dad is to get the child on the first week of July and gives no other details, I would interpret that to meant the first calendar week of July, starting 7/2 as you stated since I am assuming the court order specifies that weekends are Friday or Saturday to Sunday.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.