Regular Schedule + Holiday Schedule disagreement

[dopout]

What is the name of your state (only U.S. law)? PA

Hey. I will Post word for word the pertinent lines of the Court Ordered Custody Stipulation relevant to the question, following the question.

My question is: This weekends regular schedule is Father to have custody Satuday overnight to Sunday. Sunday is Easter. Based on the parameters of the stipulation which are below, who would have custody on Friday, Saturday and Sunday and at what times?





Stipulation defines:



"2. Mother shall have primary physical custody of the child subject to Fathers' rights of partial custody as set forth below:

(A) Every other weekend overnight from Saturday at 4 p.m. until Sunday at 8 p.m. On the alternating week, Father shall have a visit on Sunday from 4 p.m. to 8 p.m.

(B) Every Wednesday from 4 p.m. until 8 p.m.

(C) Alternating Fridays from 4 p.m. until 8 p.m. on the weekend that he does not have his Saturday overnight visit.


3. The parties shall alternate the following holidays as follows:

Easter Day from 12:00 p.m. to 8:00 p.m. - With Father in even years.


Christmas Eve from 12:00 p.m. to 7 p.m. - Always with Father

Christmas Day from 12:00 p.m. to 2:00 p.m. with Father than 2:00 p.m. on with Mother. Alternate these times, with father after 2pm in even years.


11. The holiday schedule shall have priority over the regular custody/partial custody and vacation schedule"

 

[stealth2]

What is the name of your state (only U.S. law)? PA

Hey. I will Post word for word the pertinent lines of the Court Ordered Custody Stipulation relevant to the question, following the question.

My question is: This weekends regular schedule is Father to have custody Satuday overnight to Sunday. Sunday is Easter. Based on the parameters of the stipulation which are below, who would have custody on Friday, Saturday and Sunday and at what times?





Stipulation defines:



"2. Mother shall have primary physical custody of the child subject to Fathers' rights of partial custody as set forth below:

(A) Every other weekend overnight from Saturday at 4 p.m. until Sunday at 8 p.m. On the alternating week, Father shall have a visit on Sunday from 4 p.m. to 8 p.m.

(B) Every Wednesday from 4 p.m. until 8 p.m.

(C) Alternating Fridays from 4 p.m. until 8 p.m. on the weekend that he does not have his Saturday overnight visit.


3. The parties shall alternate the following holidays as follows:

Easter Day from 12:00 p.m. to 8:00 p.m. - With Father in even years.


Christmas Eve from 12:00 p.m. to 7 p.m. - Always with Father

Christmas Day from 12:00 p.m. to 2:00 p.m. with Father than 2:00 p.m. on with Mother. Alternate these times, with father after 2pm in even years.


11. The holiday schedule shall have priority over the regular custody/partial custody and vacation schedule"

2014 is even. So Dad gets kiddo on Sunday 12pm to 8pm. If this is his w/e, he gets it as usual as they coincide. If it is not his w/e? He gets only those hours on Sunday.

Not really that complicated...

 

[dopout]

2014 is even. So Dad gets kiddo on Sunday 12pm to 8pm. If this is his w/e, he gets it as usual as they coincide. If it is not his w/e? He gets only those hours on Sunday.

Not really that complicated...

This is how I and 6/6 of those I've asked so far have understood the CO to mean.

The other parent is under the impression that point 11 means that Easter Day 12pm-8pm has priority over the regular schedule, in her words "easter holiday is not just 12 to 8 its all day sunday. i get him from morning to noon you get him all day afterwards. Your going to have him all day easter, fine. The schedule was written so we could both see him for parts of the day on holidays and you know that".

Of course you and I both understand easter is all day sunday, but as far as legally, the stipulation defines our easter holiday as 12pm-8pm. And if every holiday was ment for both parents to have him for a part of the day than they would have been spelled out in a very different way (as it is christmas day).


The funny thing is, by the other parents logic come Christmas time Father would have custody XMas Eve 12pm-7pm. Mother Would have custody xmas eve 7pm-12am. Father would have Christmas day 12am-12pm and 2pm-12am. But come that time shell be arguing that doesnt make sence even though it does at the moment so she can have him today into tomorrow when its not her time.

Thanks for the input, big help!

 

[stealth2]

This is how I and 6/6 of those I've asked so far have understood the CO to mean.

The other parent is under the impression that point 11 means that Easter Day 12pm-8pm has priority over the regular schedule, in her words "easter holiday is not just 12 to 8 its all day sunday. i get him from morning to noon you get him all day afterwards. Your going to have him all day easter, fine. The schedule was written so we could both see him for parts of the day on holidays and you know that".

Of course you and I both understand easter is all day sunday, but as far as legally, the stipulation defines our easter holiday as 12pm-8pm. And if every holiday was ment for both parents to have him for a part of the day than they would have been spelled out in a very different way (as it is christmas day).


The funny thing is, by the other parents logic come Christmas time Father would have custody XMas Eve 12pm-7pm. Mother Would have custody xmas eve 7pm-12am. Father would have Christmas day 12am-12pm and 2pm-12am. But come that time shell be arguing that doesnt make sence even though it does at the moment so she can have him today into tomorrow when its not her time.

Thanks for the input, big help!

Of course, a reasonable adult would take into consideration that the other parent might want to spend a portion of the holiday w/the child and concede a few hours.

And no, thst Christmas schedule makes no sense. None at all.

 

[CJane]

I completely disagree that giving up a portion of time to the other parent is always the mark of "reasonable".

It should be presumed that a clearly written court order is what was determined to be reasonable, and in the best interests of the children. Following said court order - absent emergent factors not mentioned here - is not unreasonable.

 

[stealth2]

I dunno what I was thinking...