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Author Topic: Who's Weekend Is it?  (Read 2217 times)

wysiwyg

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Who's Weekend Is it?
« on: Dec 19, 2006, 05:18:09 AM »
Soc,

IN here, both parties court ordered to follow the Indiana parenting time guidlines to the T.  

NCP to get EOW and holidays expressed within guidelines.

Dec 15-17 - CP weekend, one childs b day on the 17th (Sunday)  "In even numbered years the non-custodial parent shall have all of the children on each child’s birthday from 9:00 A.M. until 9:00 P.M." - NCP had all children Sunday 9-9.

The next 2 weekends pan out like this due to the guidelines:

Dec 22-24 - CP has this weekend due to the xmas holiday provision "One-half of the period which will begin at 8:00 P.M. on the evening the child is released from school and continues to December 30 at 7:00 P.M."  Childs winter break starts on Wed at 8 PM.

Dec 29-31, will be split as NCP will have the children until Saturday the 30th at 7 PM, when CP then has them for New Years holiday.

Who's weekend then does it become Jan 5-7?  

SPECIAL NOTE ADDED -

"The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time.  Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.

If the non-custodial parent misses a regular weekend because it is the custodial parent’s holiday, the regular alternating parenting time schedule will resume following the holiday.  If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent."




notnew

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Hope I'm not butting in but
« Reply #1 on: Dec 19, 2006, 05:29:39 AM »
Holidays over ride regular weekends. Had no holidays existed, the schedule was Dec 15-17 CP, Dec 22-24 NCP, Dec 29-31 - CP, Jan 5-7 - NCP. It just picks right up where it should have been from my understanding.


Hope I didn't say anything I shouldn't soc.

wysiwyg

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RE: Hope I'm not butting in but
« Reply #2 on: Dec 19, 2006, 06:20:27 AM »
We have been round about this in court too.  As the court said - you can not take a calendar and mark it cp/ncp for the year and THEN figure in holidays, since holidays and vacation take precedence.  Because if one parent gets 2-3 weekends in a row because of holidays then that 3rd or 4th weekend can not be the same parents weekend as the other parent will loose seeing the children for long over a month.  That is why the provision was put in about when the NCP looses a weekend because of a holiday the regular alternatig will resume following the holiday.  That way the intenet is to not to have one parent loose more than 2 weeks without seeing the child(ren).  HOwever in this situation with three weekends in a row divided by holidays, what is to resume and on whose weekend is my dilema?  

Thanks for the response tho............

notnew

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I looked at it closely
« Reply #3 on: Dec 19, 2006, 06:49:36 AM »
and see that since the three weekends are split, the two weekends in a row thing doesn't fully apply. Therefore, in my opinion, I think it will resume as I stated earlier. However, I am but a simple layperson and Soc may know better since he has the degree and experience.

It's such a pain when people just can't decide on something between themselves. Anytime the court gets involved, it gets complicated!

socrateaser

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RE: Who's Weekend Is it?
« Reply #4 on: Dec 19, 2006, 08:07:39 AM »
It's a coin toss, but I would lean towards the NCP, because NCP hasn't had an uninterrupted weekend for three weeks.

If the New Year's Holiday schedule were such that the NCP had the children until Sunday night, rather than Saturday night, then I'd say CP, because NCP would have had the entire regular weekend.

However, it's vague enough so contempt would be impossible to prove, because CP could argue that NCP had the child for at least one half of the weekend. This means that the CP can refuse custody and the NCP would be SOL.

So, the reality is that Jan 5-7 is at the CP's discretion.


wysiwyg

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RE: Who's Weekend Is it?
« Reply #5 on: Dec 19, 2006, 11:14:59 AM »
I understsand and really am at the point of it really does not matter - the situation is that it is childs first formal school dance and I would like to see him and help him tie his tie and take some pics of he and his date.  BM will either deny the weekend if it is mine or deny me the oppurtunity to even see him and since he does not have a license to drive - either I will go there, or she could bring him to my home, neither of which will she allow.  

1.  Any ideas on how to handle that if the weekend is a toss up?

Kitty C.

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Question............
« Reply #6 on: Dec 19, 2006, 06:20:48 PM »
Is it possible to volunteer to chaperone at the dance?  Seems that would be a pretty simple solution and you would be able to do all those things (tie the tie, take the pics, etc.) and the BM can't do a thing about it.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

socrateaser

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RE: Who's Weekend Is it?
« Reply #7 on: Dec 19, 2006, 09:14:23 PM »
>I understsand and really am at the point of it really does
>not matter - the situation is that it is childs first formal
>school dance and I would like to see him and help him tie his
>tie and take some pics of he and his date.  BM will either
>deny the weekend if it is mine or deny me the oppurtunity to
>even see him and since he does not have a license to drive -
>either I will go there, or she could bring him to my home,
>neither of which will she allow.  
>
>1.  Any ideas on how to handle that if the weekend is a toss
>up?

Well, "Kitty C"'s posted idea is pretty cool. You could also provide my argument to the other parent, without the coin toss and the no possible contempt, and see if she bites.

wysiwyg

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RE: Question............
« Reply #8 on: Dec 20, 2006, 05:07:55 AM »
yes a possibility perhaps - most schools have volunteers to go thru a police report to make sure they are not convicted felons, however since I work for another school district I already have this, so I can check into it and see if it will expedite since the dance is in 2 weeks.

Thank you.  

 

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