Which day of weekend decides which month it is in?


#1

There is no specific rule regarding this, however, I use the general rule of thumb that it is the first weekend of the month if one day of the weekend (Saturday or Sunday) is part of the new month.

If you and your ex continue to have problems with the schedule and it is negatively affecting your children, you may want to consider applying for a parent coordinator.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

If I’m reading this right then it shouldn’t make a difference whether it was the 1st weekend of March or 5th weekend of Feb. you would still have had the child/children…


#3

Thank you so much for your responses!

Also, to the last poster, the reason it is an issue is because it affects all of the OTHER weekends in the month. It’s petty and silly I know, but it’s hard to work with someone sometimes who is so bitter.

And, Ms. Nevicosi, thank you so much for replying.

I agree with what you’re saying about Saturday and Sunday, but my question is basically this:

Let’s say Friday is March 31, Saturday is April 1 and Sunday is April 2. … are you saying that it’s the first weekend of April, and not the 5th weekend of March?

I only ask because the visitation technically starts on the Friday, so if Friday is the last day of the month, then… does it count?

A parent coordinator sounds like a great idea. Thank you!


#4

Ahhhh…I understand now…well, I don’t really understand but I see why it’s confusing.
I think Helena would be right and that this would be the first weekend in the month. Is that the only weekends that you get; 1st and 5th? That would mean that you would have had your child this past weekend, Feb.29th - March 2nd and then March 28th - March 30th but your ex will have him/her/them for three weekends in a row…does that sound right?


#5

Yes, that’s right - I have M thru F every school week, and just one weekend a month, plus the fifth if there is one… makes it as close to 50/50 as possible…

we are supposed to have alternating weeks in the summer, but I end up doing the lion’s share of compromise. i have a flexible job and so bend to my ex’s schedule during the summer.

but the weekend thing was always causing strife… thanks for your responses! i couldn’t find a definition of when the “weekend” started (for these purposes) anywhere on the net that i looked…

(my ex has substantially more money than i – waged a fierce battle to get primary, but thankfully, thankfully, i was able to hold my own and not back down… but this is the reason for the mostly one-weekend-months instead of the norm of every other.)


#6

I’m glad that you were able to retain shared custody. And I will tell you, though it’s difficult to see, be glad your ex is involved enough to fight with you over it. There are a lot of parents, mothers and fathers, who just do not want the hassle and do not go to the trouble to do what’s best for the children. IMHO, that’s joint or shared custody because children need both parents as involved in their lives as possible, just like it would be if you were still married…

My suggestion to you is this: Throw him off balance by thanking him for not leaving all the responsibility on you. See if that can get him talking about what may work best for BOTH of you.
Go back to your papers and see what the exact wording is. Talk to your ex about a compromise for those weekends that are in question…like he takes that weekend but brings child home on Sunday night by 8pm…realistically, this would only be a couple of weekends a year.
If this must be done through a parent coordinator, fine. But you both need to realize that you are still raising this child(ren) together though separately. You must be able to work together and you really should quit trying to prove to each other which of you love the child(ren) more.
I’ll keep you in my thoughts.


#7

Your situation sounds very complicated, is there any reason you can’t just set specific weekends?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#8

I have an ex who is quite bitter from losing, and is nearly immovable when it comes to switching weekends. We have had bitter arguments over this… As the custodial parent, I get all the 1st weekend, and, if there is one, the 5th weekend of each month.

Here’s my question:

Which day of the weekend counts for which month it’s in, Friday or Saturday?

For example: this last weekend, the Friday when the visitation started (after school) was the 29th of February. Saturday was the first of March. Is this weekend the 5th weekend of February, or the first week of March? (ignore February’s odd day… this has happened in other months before…) It doesn’t specify in the agreement either way.

My ex believes it counts as March’s first weekend. I believe it counts as February’s 5th. Who’s right?

THANKS SO MUCH!!!