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Author Topic: how does holiday effect visitation?  (Read 3388 times)

shellcode

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how does holiday effect visitation?
« on: Dec 03, 2011, 07:20:44 PM »
I'm in a custody battle i posted my situation in recent topics.But i have a question? i have christmas day holiday on sunday 12-7 but i also have weekends with my daughter,but the mother has christmas eve

how does that conflict with my weekned visitation which also falls on christmas holiday? and the mother has christamd eve



ocean

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Re: how does holiday effect visitation?
« Reply #1 on: Dec 03, 2011, 07:40:04 PM »
Does Christmas eve have times on it? Mom gets child on those times on Saturday, Christmas eve until your time Christmas Day...If you pick up Fri, you should still have Friday visitation...

shellcode

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Re: how does holiday effect visitation?
« Reply #2 on: Dec 03, 2011, 07:44:10 PM »
Christmas eve has no time,only my time christmas day 12=7

ocean

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Re: how does holiday effect visitation?
« Reply #3 on: Dec 03, 2011, 08:01:30 PM »
Well, it is her turn to get Christmas Eve into Christmas morning (next year make sure your papers say the opposite). If you have child on Fri for start of weekend, see if ex will allow that into Sat morning or bring back Fri night. Get a little time, on Friday. Then get child again on Sunday for Christmas.

Most final orders will have an odd/even year schedule so make sure your have Christmas Eve next year under even years and have it with times so that way there are no issues in the future. (Christmas eve from 9AM until Christmas day 12pm)

Kitty C.

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Re: how does holiday effect visitation?
« Reply #4 on: Dec 03, 2011, 10:16:09 PM »
One other thing to keep in mind:  In almost every jurisdiction I've heard of, holiday visitation takes precedence over regular weekend visitation.
 
For example, Christmas falls on a Sunday this year.  Hypothetically, if this was the year that DH is supposed to have Christmas Day and it just happens to be BM's weekend, DH would still get SS at the times designated for Christmas in the CO.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......


shellcode

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Re: what should be done?about custody?
« Reply #5 on: Dec 04, 2011, 01:20:35 PM »
I live in NYC so does my ex we have a 5 year old daughter.I awarded visitation back in June 4,2010  to every other weekend from Friday 5pm to Sunday 6pm.I was violated in November 25,2010 on the Thanksgiving holiday mother wasn't home,so i filed a violation and a police report,and than on Dec,10,2010 i was violated again,so i did the same thing filed another violation and a police report.And than we had court date Feb 8,2011 in which i was awarded make-up visits.So than after that every thing was going smooth until around April things start to go out of hand,around April ,29 i was denied because my daughter didn;t want to come with me,at that time i didnt want to get the cops involed,so i went to court file a violation,and than on May 13,same bullcrap,she didnt had the child ready!

And refuse to get her ready,and i was about to call the cops her father got in and kicked me out the house,so i called the cops and they came and asked,"if u want the child," i said never mind this much for my daughter i'm going go to court and go for custody.And now she goes to file a petition stating,she wants my visits suspend because the child don;t want to go blah blah,so we had court date for that i didn;t speak to well because i was nervous,and she didn't either so judge dimissed the case(this happend may 25,2011) that same date she filed a order of protection against me for no reason because she knew that my visits with my daughter is on her birthday she turn 5,but i still went to get my daughter i had police acompany me to her house found out she wasn;t home her father said she left shopping in queens.

So i filed a violation and for custody,so we had court date August ,22 2011.That case got dismissed with out prejudiced,because of the OOP against me.I been fighting this oop since june 15,2011, we had court date after court date,so now around october 26,2011 court date for the OOP,we went but it was adjoured until Dec 8,2011

And than again lol the ex goes filed another petition saying,she wants sole legal custody,that i'm maltreating our child,i don't feed her,bath her,she come with rashes(which is not tru) that i yell at my daughter in front of mom,she said i was diagnose with retardation,and wants to suspend all visits! And she want to go Dominican Republic in the summer to visit family.So i have a court date for that same date as the OOP Dec 8,2011

And than now on thanksgiving she violated saying the child is sick,with fever,vomit,and dirreaha,and that was it no further information on her health, i got that txt around 9.30am.So friday i went to the hospital to get the child medical records,the child was bought in but discharge,she didn't had a fever,or dirreaha,just vomit minor illness of a stomach bug,but she could of went to school(if there was school)So i believe she could attend visitation because i could of take care of her the hospital was close to me than it is to her.And the child could eat,like fruits,alot of water,or food that simple to digest.

i know sound crazy lol but that's what im going thru, i think the ex has emotinal issues,mental issues or something,she going to keep doing it because she think everthing is going to be her way,and the judge not scaring her! So are they any options that can be taken? have her evaluated? or request a Guadian ad litem??
i would be having a lawyer on Dec 8

 

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