Visitation interpretation needed-FAST=HELP

[pickupsticks]

Who has visitation on which week this Christmas 2004?

Christmas. The father shall have the right to have the minor CHILD on even-numbered years from 6:00 PM on December 18th until 1:00 PM on December 26th, and on odd-numbered years from 1:00 PM on December 26th until 6:00 PM on January 2nd. The Mother shall be entitled to the Child on the alternate years notwithstanding any other custody rights set forth herein. What does ALTERNATE mean?

Mother says that it is her alternating year to have child. She did give father both weeks of Christmas last year because she wanted to exchange her week of Christmas for my Thanksgiving week.

[hisliltulip]

Ok, this is what the order is saying.

2004 (Which is an even year)

Dad gets - from 6:00 PM on December 18th until 1:00 PM on December 26th

Mom gets - 1:00 PM on December 26th until 6:00 PM on January 2nd


Next year Dad gets - 1:00 PM on December 26th until 6:00 PM on January 2nd

Next year Mom gets - from 6:00 PM on December 18th until 1:00 PM on December 26th


That is what the order READS.  But, upon agreement, you both deviated last year.  My guess is that she didn't realize that by doing this, that you would end up with the child for 2 Christmases in a row.

Now, if you deviated to let her have your Thanksgiving last year, and the extra week is what she offered, then, she can pretty much be outta luck this year.

You need to make the decision on what to do.  Would it be less drama to LET her have the two weeks this year, in exchange for you getting Thanksgiving, but reiterate that starting in 2005 that the order will be followed as written?

Or are you adament to have your week this year, and to heck with her temper tantrum?

This is your call...

[Genie]

It is an even year so Father gets them on Christmas with Mother getting them afterwards.

Alternating means that on odd years, the schedule is reversed to give Mother Christmas and Father afterwards.

Now, as for her giving Dad both weeks last year b/c she wanted Thanksgiving week. That was her decision to make but it still doesn't change what the divorce states.  Ok, now you could be nice and say that since I had then last year you can have them this year on Christmas but I will return them to you at this time Christmas eve or Christmas Day.  This would've given you 2 years in a row and now she will have 2 years in a row with this year and next year the odd year.

It depends on how you want to look at it and how nice you want to be. You can say this will be a one time thing and in the future if you change around the schedule, the divorce will stand as written for the next year.

Up to you.

[joni]

You would get the best advice if you posted ALL the facts on one board.  I answered you on the Father's Board about mom scheduling acitivites during your visitations.  I answered you on the custody board about commuting the child to your home.  Ironically, I forewarned about problems with Christmas...and here you are on Visitation.

By posting all your problems in one place, you'll get the best advice from everyone.  It's too hard to give you great advice without all the facts.

From what you said on the other boards, mom is in contempt of all visitations since she moved 12 hours away.

Tell mom the court order is that you have the child this year.  Have your attorney write her a letter accusing her of contempt.  And for Christmas, give MOM a XMAS gift of a court motion for contempt of visitation and challenge custody based on a substantial change in circumstances....mom moved your child away and won't let you visit with her since she moved.  

[pickupsticks]

Thanks for your advice. I guess I didn't want my story to be too long for everyone to read but you are correct. I also figured that if I don't bias everyone they will give me a very unbiased opinion without knowing all the icky stuff and if it still matches up with the biased decision than I am good to go.
  I have so many questions about everything right now because it is all such a mess. I am so sorry to confuse you if I have. Thanks for your time as well as everyone else's. I APPRECIATE IT!!:)