Birthday Visitation

[bleemom]

Our court hearings took place in Arkansas, so that is the state we are dealing with.  DH went for custody of Step-daughter (now 7) three years ago.  Long story short, we lost.  DH was givin visitation, EOW and 6wks out of the summer.

After court, DH and BM agreed to keep the visitation for holidays, etc. the same as  the divorce decree (where the first custody order was stated).  

In the divorce decree it stated that DH was to have SD the day before her birthday and BM got her the day of her birthday.  Unitl this year, the day before  SDs birthday has fallen on a school night.  It falls on a Saturday this year , but happens to be BMs weekend.  We sense a problem b/c she is being difficult about some other things.  

We want to do something special for her birthday, and the day before her birthday will be our only chance.  The new custody order doesn't say anything about the child's birthday at all.  It does, however, state visititation on each parent's birthday.  This leads us to believe it was accidentally left out, and that neither side caught it.

We are not wanting to go to BM and say anything about court, but want to know the facts when/if she tells us no.  With that said...

#1  Would we be able to call the courthouse and ask what would be standard, or would that be silly?

#2  Would we have to get a lawyer and go through court papers and a hearing to get this ordered?

#3  Since there is not a current order that specifies visitation on the child's birthday does the original divorce decree stand only on birthday visition?  

Thank you,
bleemomt

[socrateaser]

>#1  Would we be able to call the courthouse and ask what would
>be standard, or would that be silly?

It's irrelvant. Your court orders control, not what's "standard," unless the current court orders refer to and order "standard" parenting time/custody, etc.

>
>#2  Would we have to get a lawyer and go through court papers
>and a hearing to get this ordered?

You have the legal right to respresent yourself in court. Whether you care sufficiently knowledgeable to do so effectively, only you can answer.

>#3  Since there is not a current order that specifies
>visitation on the child's birthday does the original divorce
>decree stand only on birthday visition?  

If your current order is either silent as to prior orders, or expressly states that "all prior orders not inconsistent with these current orders remain in full force and effect," or the like, then the prior orders would remain effective where they are not expressly overruled.

If your current orders state something like, "this order supersedes all prior orders," then the prior orders are terminated and no longer effective.

The best solution, other than simply coming to an amicable agreement with the other parent, is to file a motion to clarify the current visitation/custody orders. Then, there won't be any further argument.

[bleemom]

I read the current order again, and it doesn't mention the previous order/divorce decree at all.

1.  Does that mean that we should still be able to refer back to the previous order/divorce decree if it refers to something that is absent from the current order?

Thanks,
bleemom\

[socrateaser]

>I read the current order again, and it doesn't mention the
>previous order/divorce decree at all.
>
>1.  Does that mean that we should still be able to refer back
>to the previous order/divorce decree if it refers to something
>that is absent from the current order?

Yes, unless the new order states that it supersedes, terminates or sets aside/vacates the old order.