Custody Order Interpretation

[chipmunk226]

I live in MD but my custody order is in PA. I have primary physical and legal custody.

In October of 2005, my custody order was amended. In the original order there was a section included for holiday and summer visitation. In the amended one, the judge entered:

"Amended as follows: Fathers partial custody is modified to every 2nd and 4th weekend every month beginning in October 2005. If there is no school for child on Friday or Monday, than Father shall have and extra custodial day of Custody. Partial custody from Friday evening until Sunday at 6:00 pm. If school has a holiday Friday, drop-off will be Thursday evening until Sunday at 6:00 pm and if school has a holiday on Monday, pickup will be 6:00 pm Monday"

Now since she made no reference to the summer or holidays, does that mean he just gets every 2nd and 4th? I don't know why I didn't catch this sooner. My lawyer was kept telling me that the holiday schedule supercedes, but the judge didn't even enter anything referencing holidays or summer in the amended order. Would he be able to file contempt if this is how I am interpreting the order? Who would be right?

Thanks in advance!

[MixedBag]

What does it say in the original order about the summer time and holidays?

[chipmunk226]

It says:

"Holiday: Christmas in odd years mother to have child christmas day until 12 noon on December 26th, then Father to have child for the remainder of the holiday, in even years Mother to have the child until 6 pm. Christmas day at which time Mother to drop child off to Father. Spring Break and Thanksgiving to be cosidered an extended weekend and will be one of Father's two weekends per month partial custody.
Summer: Father to have child for the summer, Mother to bring child to father the sunday after the school years end and pick child up the sunday one week prior to the start of school it the fall.
Child's Birthday:  In even years father will have the child on his birthday, in odd years, Mother will have child from 6 pm. the eve before his birthday until 6 pm. on the child's birthday. Mother to pick up and return child to Father's home. "

I copied this verbatim. So any mistakes are in the order ;)

Thanks!

[MixedBag]

Ok., if I understand everything correctly, what's in the new order is in addition to whats in the original order.

The new order supercedes the old order only in the areas mentioned.

So the new order only defines the weekends and the old order governs the holidays and summer.

UNLESS you went to court to reduce his time....

Why did you guys have open litigation?

[chipmunk226]

It was for a contempt for both parties and I was asking for a modification for his father to assist in transportation or reduce visitation.

Thanks!

~Eva