SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: lala76 on Apr 03, 2005, 10:00:07 AM
hi i really need clarification on this in regards to a child custody and visitation order in california .
....it states "mother will have custody of the minor children during each of their birthdays"
1.. does this mean she gets all children no matter which ones bday it is?
2. does it mean she only gets child whose bday it is?
your help and clarification on this is greatly appreciated..
lala
>hi i really need clarification on this in regards to a child
>custody and visitation order in california ... it states
>"mother will have custody of the minor children during each of
>their birthdays" does this mean she gets all children no
>matter which ones bday it is??? or only the child whose bday
>it is?? your help is greatly appreciated
I need some more of the text of the order. "Each of their birthdays" could be interpreted to mean the childrens' AND the mother's birthday as well.
Post the rest of the custody order.
im new to all this so please forgive my errors..
It is a joint custoday order
parents alternate holidays each year Easter, Christmas and July 4th..
Father gets children on fathers day
mother gets children on mothers day
father has children from 3pm on wednesday to 9am on suday
mother has children from 9am sunday to 3pm on wednesday
mother will always have custoday of the minor children during each of their birthdays..
it is worded that way it doesnt specify its kids bdays and hers as well..
I understand now. The order is badly worded. From reading the rest of the order, each line refers to custody of the "children," i.e., all of the children, so it is reasonable to assume that the line re birthdays that you question also refers to all of the children.
The order would be better if it said something like, "mother shall have custody of a child on that child's birthday." But, it doesn't, so while I think the likely intent was for the mother to have all the children whenever one of the children has a birthday, this is not certain, and the only sure way of answering the question is to file a motion to clarify re child custody orders, and let a judge decide.
That is, unless you can come to a written agreement with the other parent.
Wish I could be more definite.