• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is one weekend overnight considered a weekend?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

noncustodial777

Junior Member
What is the name of your state (only U.S. law)? Indiana.

This year the custodial parent can have the kids overnight 7/3 and 7/4 per the Indiana guidelines.

If I have them overnight on Fri 7/2 (but not Sat 7/3), is that considered a weekend for me? In other words, is having the kids one weekend night considered having them for the weekend?

Thanks!
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Indiana.

This year the custodial parent can have the kids overnight 7/3 and 7/4 per the Indiana guidelines.

If I have them overnight on Fri 7/2 (but not Sat 7/3), is that considered a weekend for me? In other words, is having the kids one weekend night considered having them for the weekend?

Thanks!
Why? How far do you live from the CP?
What is it you are trying to accomplish?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Indiana.

This year the custodial parent can have the kids overnight 7/3 and 7/4 per the Indiana guidelines.

If I have them overnight on Fri 7/2 (but not Sat 7/3), is that considered a weekend for me? In other words, is having the kids one weekend night considered having them for the weekend?

Thanks!
Are you asking about it in terms of determining when the EOW restarts after the holiday? That would honestly depend on the judge's opinion. Me, I would probably not make it a hill to die on and would consider it as having my weekend....or in the alternative I would try to get the CP to agree that the CP had that whole weekend as the holiday and let the EOW restart accordingly.

Have you tried discussing this with the CP?
 

noncustodial777

Junior Member
Thanks for the responses so far... I'd love to spend as much time with the kids as possible, but my X (CP) doesn't want that. The prior weekend to July 4, the CP would have had them, so 7/2 would be a normal weekend for me. So, ideally, I'd like to spend time with them both on Fri 7/2 and the full following weekend.
 

LdiJ

Senior Member
Thanks for the responses so far... I'd love to spend as much time with the kids as possible, but my X (CP) doesn't want that. The prior weekend to July 4, the CP would have had them, so 7/2 would be a normal weekend for me. So, ideally, I'd like to spend time with them both on Fri 7/2 and the full following weekend.
Under the ITPG it honestly would't work that way. Either you miss the weekend and the rotation starts over with the next weekend, or you get your weekend, and the rotation remains the same.

I certainly cannot see you getting the CP held in contempt if you take the Friday and the CP takes his/her full weekend the next weekend.

That kind of issue doesn't happen often under the ITPG. In fact the ONLY time it could happen is with the July 4th holiday...and the only time that would happen is the rare occasion where July 4th would fall on a Saturday.

All other holidays are more distinctly spelled out and supercede weekends.

Again, I do not think that this is a battle you want to enter into. Particularly during the summer when you are each getting 1/2 of the summer, aside from the 4th of July and Father's day.

You DO realize that you each get 1/2 of the summer, right? You aren't trying to get your "weekends" on top of your 1/2 of the summer?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top