Am I right or wrong?

[child in mind]

My situation is this....I have a visitation order...that order states that I get my daughter from Xmas day (afternoon even years, evenings on the odd)...my problem is this.  New Years day falls on a Saturday this year which is my scheduled weekend.  Am I to keep the child until Sunday or does the mother get her back on Saturday?  Looks like we about to start the new year off in court over this one.

[skye]

may I ask what the court order says in regards to new years day?

If nothing is mentioned offer to split the day in half

[MYSONSDAD]

Post the exact wording on Soc's board. And follow the guidlines.

"Children learn what they live"

[flewwellin]

The bad thing about visitation orders are they sound specific until you reach this problem.  We dealt with this last year and were thankfully able to come to terms it with the BM.  We settled on us keeping the kids till sunday night.  Then again the BM didn't even want the kids for mother's day that same year.  So guess we aren't dealing with the same type of BM huh??  you could make a call to your attorney and ask a legal question and get an answer without having to pay the going rate for a consult.  I noticed as long as you don't ask advice you can get yes or no's out of an attorney over the phone.  Good luck you'll need it!

[kitten]

to the new year's holiday, then you resume the regular visitation schedule.  

[cathy]

What does the order say?  From xmas day till return to school?  From xmas day for a week?  What is the last part of the equation?

I don't know your situation - but would it be worth going to court over the one day (or part of a day?)  And yes, I know there are cases where every single minute is precious.  But sometimes you lose more than you gain by standing your ground.

Have you called your ex and just said "Ya know, I will be bringing back on Sunday at , but I was looking at the order and see where there might be some confusion.  Just wanted to make sure that you weren't expecting her back on Saturday and have you worry when she wasn't there"

[olanna]

I've got the same arrangement with my son's father...

He took him from the 17th until Christmas day...and I take him from Christmas day until whenever...

Dad will not see him again until Wednesday evening...but he called to wish both of us a happy new year...

You two can't just talk to each other? Why involve the courts when you don't have to do that?

[Stepmom0418]

Sometimes when you are dealing with someone that will not reason there is no other choice except for taking the matter to court......such as a situation when the other party fails to communicate such as DH's Ex!

[olanna]

but it just seems so f'ing immature to argue about a day....cripes. I mean I feel for Dad...he has a finite number of hours every month, so of course he wants to get the most he can. Makes perfect sense to me...it's the stress of going to court over a day...(IOW, investing countless hours of stress) to say "I'm going to get that other 12 hours.

Believe me, I know where it comes from...but for the life of me, I can't understand it.

[Stepmom0418]

I can understand it due to the fact that my DH has been denied countless number of days since April of 2004!

After you are DENIED DENIED DENIED so many times it gets old and there is a time that you have to stand up for your rights!!