Main Forums => Visitation Issues => Topic started by: child in mind on Dec 29, 2004, 09:03:44 PM
Title: Am I right or wrong?
Post by: child in mind on Dec 29, 2004, 09:03:44 PM
My situation is this....I have a visitation order...that order states that I get my daughter from Xmas day (afternoon even years, evenings on the odd)...my problem is this. New Years day falls on a Saturday this year which is my scheduled weekend. Am I to keep the child until Sunday or does the mother get her back on Saturday? Looks like we about to start the new year off in court over this one.
Title: RE: Am I right or wrong?
Post by: skye on Dec 30, 2004, 05:23:52 AM
may I ask what the court order says in regards to new years day?
If nothing is mentioned offer to split the day in half
Title: RE: Am I right or wrong?
Post by: MYSONSDAD on Dec 30, 2004, 09:52:21 AM
Post the exact wording on Soc's board. And follow the guidlines.
"Children learn what they live"
Title: RE: Am I right or wrong?
Post by: flewwellin on Dec 30, 2004, 11:20:41 AM
The bad thing about visitation orders are they sound specific until you reach this problem. We dealt with this last year and were thankfully able to come to terms it with the BM. We settled on us keeping the kids till sunday night. Then again the BM didn't even want the kids for mother's day that same year. So guess we aren't dealing with the same type of BM huh?? you could make a call to your attorney and ask a legal question and get an answer without having to pay the going rate for a consult. I noticed as long as you don't ask advice you can get yes or no's out of an attorney over the phone. Good luck you'll need it!
Title: If the order is not specific
Post by: kitten on Dec 30, 2004, 06:12:47 PM
to the new year's holiday, then you resume the regular visitation schedule.
Title: From Xmas day to ????
Post by: cathy on Dec 31, 2004, 05:59:02 AM
What does the order say? From xmas day till return to school? From xmas day for a week? What is the last part of the equation?
I don't know your situation - but would it be worth going to court over the one day (or part of a day?) And yes, I know there are cases where every single minute is precious. But sometimes you lose more than you gain by standing your ground.
Have you called your ex and just said "Ya know, I will be bringing back on Sunday at
Title: Good grief....
Post by: olanna on Dec 31, 2004, 10:58:16 AM
I've got the same arrangement with my son's father...
He took him from the 17th until Christmas day...and I take him from Christmas day until whenever...
Dad will not see him again until Wednesday evening...but he called to wish both of us a happy new year...
You two can't just talk to each other? Why involve the courts when you don't have to do that?
Title: RE: Good grief....
Post by: Stepmom0418 on Dec 31, 2004, 11:12:30 AM
Sometimes when you are dealing with someone that will not reason there is no other choice except for taking the matter to court......such as a situation when the other party fails to communicate such as DH's Ex!
Title: Yea...
Post by: olanna on Dec 31, 2004, 11:33:14 AM
but it just seems so f'ing immature to argue about a day....cripes. I mean I feel for Dad...he has a finite number of hours every month, so of course he wants to get the most he can. Makes perfect sense to me...it's the stress of going to court over a day...(IOW, investing countless hours of stress) to say "I'm going to get that other 12 hours.
Believe me, I know where it comes from...but for the life of me, I can't understand it.
Title: RE: Yea...
Post by: Stepmom0418 on Dec 31, 2004, 11:47:20 AM
I can understand it due to the fact that my DH has been denied countless number of days since April of 2004!
After you are DENIED DENIED DENIED so many times it gets old and there is a time that you have to stand up for your rights!!
Title: RE: Yea...
Post by: olanna on Dec 31, 2004, 05:05:54 PM
And then there is the person like me...
That had to deal with a crooked judge and a hillbilly court...
Only to learn that although I was a great parent, I had to pay Dad $14K if I wanted just to visit my son....(mind you I had custody for all of this child's natural life, until he was 11).
It's so long convoluted...but no matter. I might not be able to parent him until he's 18 but he will be an adult for much longer than he was child. I have come to terms with this and although I can't relive his childhood..or at least the past 4 years of it, I can certainly move forward with him when the time is right.
I am patiently waiting for the time to be right.
Title: RE: Yea...
Post by: Stepmom0418 on Dec 31, 2004, 05:43:27 PM
I am sorry for you and what took place in the hillbilly court. (and believe me I know all about the crooked hillbilly courts)
Some of us just dont have an ex that is willing to comunicate and the only way to solve an issue that insures we see our children is to go to court and we (dh and I) will never give up and will continue to go to court so long as dh is denied visitation.
Title: ditto
Post by: MixedBag on Dec 31, 2004, 06:10:53 PM
My EX has been arguing with me over a few hours -- he thinks I got 3 extra hours this time.....