definition of alternate weekends

[littlebitt]

I am CP of son in AL.  BM's visitation is alternate weekends, Mother's day, 5 weeks in Summer, and some holidays.  We have differing opinions on how the alternating weekends should work.  Please clarify.

Assuming that BM's weekends start on week 1, and then on week 3, 5, etc.:

1)  If BM chooses to not exercise her visitation on week 1, should she have visitation on weeks 2, 4, 6, etc?  Or on weeks 3, 5, 7, etc?

2)  If BM misses week 1 visitation due to BD's fault, what weeks would the visits become on?

3)  If BM exersices visitation on week 1, then also on week 2 due to Mother's Day, should the next visit be on week 3 or week 4?

Thanks for the help!!
LittleBitt

[socrateaser]

>I am CP of son in AL.  BM's visitation is alternate weekends,
>Mother's day, 5 weeks in Summer, and some holidays.  We have
>differing opinions on how the alternating weekends should
>work.  Please clarify.
>
>Assuming that BM's weekends start on week 1, and then on week
>3, 5, etc.:
>
>1)  If BM chooses to not exercise her visitation on week 1,
>should she have visitation on weeks 2, 4, 6, etc?  Or on weeks
>3, 5, 7, etc?

Assuming that your court orders do not permit renegotiation between the parents over parenting time, then the failure to exercise parenting time, by itself, does not allow any make up time. If one parent wilfully deprives the other parent of time, then that would be contempt and the injured parent should file for a contempt motion.

So, if BM chooses to not exercise her visitation on week 1, this has no effect on any subsequent visitation -- the time is lost and is irrecoverable.

>
>2)  If BM misses week 1 visitation due to BD's fault, what
>weeks would the visits become on?

See above.

>
>3)  If BM exersices visitation on week 1, then also on week 2
>due to Mother's Day, should the next visit be on week 3 or
>week 4?

If the court orders do not specify which week is the alternate for a parent (odd or even), then the order is ambiguous, and you will need to file for a clarification order, or stipulate to one and ask the court to order it, so as to remove the ambiguity.

Ordinarily, I wouldn't give you any advice unless you posted the exact text of the order, so if you have further questions on this issue, please post the relevant order text.