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Topics - phatjohn

#1
Custody Issues / How would you interpret this?
Dec 28, 2005, 07:25:04 PM
Background on the situation; I've been divorced from my ex (Broadzilla) for 3 years. Recently she has been extremely difficult to deal with. About two months ago, she had the Court of Domestic Relations in our state contact me because she's dissatisified with our shared parenting plan (which she and her attorney authored).

Last New Years (04-05) per our shared parenting plan, I was supposed to have the kids on New Years eve and she on New Years Day. When I go to her residence to drop them off on New Years Day, she's not there. Come to find out later she split for Chicago for the holiday with her new man, and didn't bother to tell me she wouldn't be home.

Tonight, I got the following e-mail;

The kids are w you for New Year's Day this year.  According to the holiday visitation schedule and the established time sequence that means you will pick up the kids at four pm 12/31/05 and extend until 8 pm on the day of the holiday 1/1/05 except for Christmas Eve and Christmas Day. (1.8) The children do have school on Monday.  Therefore, they will need to be home at six pm.

Here is the table from our shared parenting plan listing the holiday visitation;
HOLIDAYS (even numbered years)   Dad=#   Mom=*
Fourth of July      *
Labor Day   #   
Halloween      *
Veteran's Day      *
Thanksgiving   #   
Christmas Eve   #   
Christmas Day      *
New Year's Eve   #   
      
HOLIDAYS (odd numbered years)   Dad=#   Mom=*
New Year's Day      *
Martin Luther King Day   #   
President's Day   #   
Easter      *
Memorial Day      *
Fourth of July   #   
Labor Day      *
Halloween   #   
Veteran's Day   #   
Thanksgiving      *
Christmas Eve   #   
Christmas Day      *
New Year's Eve      *
New Year's Day 2004   #

The way I interpret this is that Mom has the kids on New Years Eve '05 and Dad has them on New Years Day '06. Is this the same way you see it or am I missing something? My ex seems to think that she can twist the court document any way she wants to fit her needs, and expects me to conform to her wishes rather than abide by the court document. How ever, the reverse is unacceptable.

My biggest fear is that due to the fact she has already involved the Court, is that she's going to try and take me back to court and get the shared parenting plan modified at least or worst case (which she has already stated) is that she'll go for full custody.

Am I just being paranoid and stressing over nothing? Please share your thoughts.

phatjohn