Our court hearings took place in Arkansas, so that is the state we are dealing with. DH went for custody of Step-daughter (now 7) three years ago. Long story short, we lost. DH was givin visitation, EOW and 6wks out of the summer.
After court, DH and BM agreed to keep the visitation for holidays, etc. the same as the divorce decree (where the first custody order was stated).
In the divorce decree it stated that DH was to have SD the day before her birthday and BM got her the day of her birthday. Unitl this year, the day before SDs birthday has fallen on a school night. It falls on a Saturday this year , but happens to be BMs weekend. We sense a problem b/c she is being difficult about some other things.
We want to do something special for her birthday, and the day before her birthday will be our only chance. The new custody order doesn't say anything about the child's birthday at all. It does, however, state visititation on each parent's birthday. This leads us to believe it was accidentally left out, and that neither side caught it.
We are not wanting to go to BM and say anything about court, but want to know the facts when/if she tells us no. With that said...
#1 Would we be able to call the courthouse and ask what would be standard, or would that be silly?
#2 Would we have to get a lawyer and go through court papers and a hearing to get this ordered?
#3 Since there is not a current order that specifies visitation on the child's birthday does the original divorce decree stand only on birthday visition?
Thank you,
bleemomt
After court, DH and BM agreed to keep the visitation for holidays, etc. the same as the divorce decree (where the first custody order was stated).
In the divorce decree it stated that DH was to have SD the day before her birthday and BM got her the day of her birthday. Unitl this year, the day before SDs birthday has fallen on a school night. It falls on a Saturday this year , but happens to be BMs weekend. We sense a problem b/c she is being difficult about some other things.
We want to do something special for her birthday, and the day before her birthday will be our only chance. The new custody order doesn't say anything about the child's birthday at all. It does, however, state visititation on each parent's birthday. This leads us to believe it was accidentally left out, and that neither side caught it.
We are not wanting to go to BM and say anything about court, but want to know the facts when/if she tells us no. With that said...
#1 Would we be able to call the courthouse and ask what would be standard, or would that be silly?
#2 Would we have to get a lawyer and go through court papers and a hearing to get this ordered?
#3 Since there is not a current order that specifies visitation on the child's birthday does the original divorce decree stand only on birthday visition?
Thank you,
bleemomt