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Topics - Aleeann

#1
Custody Issues / Wording
Jan 22, 2009, 01:46:21 PM
Background: Hubby and bm have joint legal and shared physical.

Shared Physical: Father shall have physical custody 1 week before the school year until 1 week following the school Year.
                       Mather shall have physical custody anytime the child is out longer than a 3 day weekend.
Visitation:       Reasonable upon advanced notice; even year x-mas vaca dad, odd mom.

Side Note: Bm gets 9.5-10 weeks in the summer, Thanksgiving, Spring Break (e/o x-mas vaca).

OCO dated 1998,  bm filed for reversal in 02 it was denied. 2 hearings on equal access to medical info during her time, 1 over transportation (but 2 orders later), 1 hearing over medical later (thus getting an order for asthma meds during her time) here we are at hubby filing for contempt of the meds to her countering for custody.

They sent hubby a set of interrogatories which ask what he wants w/re to custody.

So hubby is gonna ask that ss get to spend Thanksgiving in the odd years with him.  The judge wanted to give it to him on his own (as in the judge brought it up) at the last hearing however since dh tec. didn't file he couldn't as bm's attorney objected (bm didn't show).  Here is the problem; as of last year the school included a 4 day weekend into the calendar w/that Friday being a make-up day. Per the co it would be bm's time. So we planned for that bought airline tickets to only have this time cancelled the week of because school was cancelled that Tuesday/Wednesday so they indeed had to go to school that Friday. This year there were 2 of these 4 day weekends. One in Feb. and one in April. Both have been cancelled already. Next year there are non listed; however the following year????

Hubby wants to find a way to keep the original clause of: Mather shall have physical custody anytime the child is out longer than a 3 day weekend. However, asking for a modification that excludes these types of weekends that could be cancelled last minute.

We thought about something like this: The Father shall have any extended weekend that is scheduled in conjunction with "make up days". 

We want to make sure that this new clause would exclude Spring break, x-mas, etc. because thats not what dh wants, ss would still go during those times.

Anyone have any ideas??