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When Does Visitation Begin?

Started by Troubledmom, Dec 11, 2003, 11:43:35 AM

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Troubledmom

       A friend has a divorce decree in which it states "Father's Visitation period shall begin the first day of school holiday".
       This year school lets out on the 19th. School Calander states that the School Holiday begins on the 22nd.
Mother is saying that Father is to pick up the children on the 21st.
       One might note that this is the Mother's regular weekend if it weren't for the holiday.

1. Which date , December 20th, 21st, or 22nd would be your opinion  
    visitation begin?

leskash

I would say that the 22nd is the day the time begins.  Does the parenting plan address the priority of visitation time, i.e. do holidays have priority over regular school schedule.

If I was your friend I would definitely try to clear up this ambigiuty in a court order if possible to make the plan say the day school lets out.  I am assuming that the order probably has other ambigiuties also if this one exist.  He should try to get his order as specific as possible.

JAFO

I say that there's another question to be answered.

If this is a close-distance situation where weekends are alternated, then the time begins on Monday.

If this is a long-distance situation then the weekend should be included in the holiday.

And it looks like Mom's interpretation falls right in between.

I had a friend who's EX said that the Spring Holiday break from school was only the three days they had off (Mon, Tue, and Wed) and it didn't include the weekend before.  Her attorney told her otherwise and that it included all 5 days.  This same EX said that the NCP only got Christmas Day or Thanksgiving Day since the order said that Christmas Day and Thanksgiving Day would be alternated.  Her attorney said "It means the entire time the kids are out of school to include the weekends, not just the day."

It also depends on how your state defines holidays and weekends and if there is guidance on what supersedes the other.

socrateaser

>1. Which date , December 20th, 21st, or 22nd would be your
>opinion  

22nd.