shared parenting agreement wording.....

[krazyfamily_6]

Hi Soc,

Thank you for your advice on other topic.  We have never really had to use these court papers and some of the wording seems confusing.  

Document states:  "Mother and Father shall  alternate Christmas school break in the flollowing manner: from the time the child is on school break to until Christmas Eve Day at 5:00p.m. with Father and then  child shall be with Mother from Christmas Eve day from 5:00p.m. to the day after Christmas at 10:00 a.m.  when Father shall have child for the first one-half of the school break from the day after Christmas until child returns to school and Mother shall have child for the last half of the school break.  "

"This Christmas schedule shall alternate with Father being the Odd year numbered parent and Mother being the Even year numbefed parent."

question #1:  Does that read as confusing to you as it does to us?  Does that mean we get Step son from Xmas eve night until Xmas morn and then again for the first half of the rest of his break?  

Document also states:  "mother shall abe the residential custodial parent of child when the child is in her physical possession and father shall be the residential custodial parent of child when child is in his physical possession."  

"Parties shall make all exchanges of the child at maternal parent's home if transportation cannot be agreed upon then the non custodial parent shall arrange and provide for transportation."

question #2:  Since the mother and father are  both the custodial parents when child is in their posession, who would be responsible for the transportation?  

We have always been the ones who transport him and she always wants us to bring him all the way to her house which is another 10-15 miles from pick up point designated in court papers. Plus we always pick step son up at her house as well.  

Thank you again for your help....We have never really had to go by the custody agreement before.  

[socrateaser]

>
>question #1:  Does that read as confusing to you as it does to
>us?  Does that mean we get Step son from Xmas eve night until
>Xmas morn and then again for the first half of the rest of his
>break?  

Father gets from beginning of Christmas break until Dec 24 at 5PM in odd number years. Then mother gets from Dec 24 at 5PM until Dec 26 10AM. Then father gets one half of the remaining consecutive days until school starts.

Reverse in even numbered years.

>question #2:  Since the mother and father are  both the
>custodial parents when child is in their posession, who would
>be responsible for the transportation?  

LOL, yes I see the dilemma. Your order makes the NCP responsible and then it reverses who the CP is depending upon who actually has the child. My interpretation is that the parent who is picking up has the obligation to pay for transport, because until they have actually taken custody of the child, they are still the NCP.

But, it's a close call. I think the wording of the order sucks. If it was written by an attorney, that attorney should get it clarified by the court on his/her dime.

[krazyfamily_6]

thank you again!