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  1. #1
    flowerbaby is offline Junior Member
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    Question Visitation Schedule

    undefinedWhat is the name of your state?Missouri.
    My divorce decree states that the father has visitation every other weekend starting May 26, 2000. He also gets the kids 2 weeks in June, July and August. My question is if say during the August visit, the date he is supposed to bring them back to me happens to fall on his weekend, does that mean that that would then be my weekend, or would it go back to the original every other weekend as if the visitation had never occured? Meaning, would it be every other weekend until the end of time no matter what other special visitations are included in the decree?
  2. #2
    stealth2 is offline Senior Member
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    I gotta ask - are you really going to be so petty as to fuss over a day or two in the summer?
  3. #3
    knight7474 is offline Junior Member
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    If its his weekend, then its his weekend and he gets to keep them until its over.

    My order is about the same. He gets EOWeekend from Wed night to Sun night. During the summer, ADDITIONAL week during June, July, August. The additional week does not include his normal weekends. So, he picks up on Wen night. Keeps until the FOLLOWING Sunday. Then picks up again the Wednesday of that same week for his regular weekend

    Note: we actually dont follow this at all. We just go with whatever works for our schedules. As long as no one misses any time.
  4. #4
    flowerbaby is offline Junior Member
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    Visitation Schedule

    Missouri.
    I am not the one who it being petty. When he has to return them at the end of his 2 week visit in August on the Friday night that would be his weekend, I would just assoon him go ahead and keep them until Sunday night to keep things straight. The problem with keeping the weekends straight falls into play when: The visitation also states for almost every holiday other than Christmas that the father shall keep the children on every (let's say Labor Day) following the fathers regulary scheduled weekend. If you go by every other weekend until the children turn 18, then eventually who has them on whichever holiday will change (which is only fair). If you change the weekend due to when they are returned, then the same parent will have the kids for every single holiday. This happened last year on Labor Day. He has had them every labor day since we were divorced due to how the weekends fell. Last year, this holiday fell on my weekend, but he claimed it was his weekend because when he brought them back to me in August he turned his weekend into my weekend, which to me, threw everything off and also means that I would NEVER have them on that holiday.
    That is why I wanted to know the answer to my original question, do the weekends stay the same no matter what or are they subject to change due to when the children are returned from a summer visit?
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by flowerbaby
    Missouri.
    I am not the one who it being petty. When he has to return them at the end of his 2 week visit in August on the Friday night that would be his weekend, I would just assoon him go ahead and keep them until Sunday night to keep things straight. The problem with keeping the weekends straight falls into play when: The visitation also states for almost every holiday other than Christmas that the father shall keep the children on every (let's say Labor Day) following the fathers regulary scheduled weekend. If you go by every other weekend until the children turn 18, then eventually who has them on whichever holiday will change (which is only fair). If you change the weekend due to when they are returned, then the same parent will have the kids for every single holiday. This happened last year on Labor Day. He has had them every labor day since we were divorced due to how the weekends fell. Last year, this holiday fell on my weekend, but he claimed it was his weekend because when he brought them back to me in August he turned his weekend into my weekend, which to me, threw everything off and also means that I would NEVER have them on that holiday.
    That is why I wanted to know the answer to my original question, do the weekends stay the same no matter what or are they subject to change due to when the children are returned from a summer visit?
    Well, I have to disagree with the answer you got from the others. Holiday visitation (and summer visitation is considered holiday visitation) normal superceeds regular visitation. Since he is getting them for half of the summer, you would normally get the other half without any interruption for weekend visitation. Then, once the summer is over you would start the every other weekend rotation over again.

    However it really depends on how specific your orders are and whether or not your state has any guidelines that address this.

    If you feel strongly about it you can always take it back to court and ask the judge to modify the holiday schedule so that its guaranteed that you equally share all holidays.
  6. #6
    flowerbaby is offline Junior Member
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    Thank you for your answer. The summer visitation is set up for 2 weeks starting the 2nd Friday in June, the 1st Friday in July and the 1st Friday in August. During this time we disregard the every other weekend and go back to it at the end of the final August visit. This had not been a problem until last year. It is not defined in the decree about if the weekend schedule resumes (as if the extra visitation had never taken place) or if whenever they are returned to me turns into my weekend. For the reasons stated above, I personally think that we would go back to the every other weekend schedule as if the extra visitation had never occured. I was hoping that there was a clear cut answer to this question.
  7. #7
    casa is offline Senior Member
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    Quote Originally Posted by flowerbaby
    Thank you for your answer. The summer visitation is set up for 2 weeks starting the 2nd Friday in June, the 1st Friday in July and the 1st Friday in August. During this time we disregard the every other weekend and go back to it at the end of the final August visit. This had not been a problem until last year. It is not defined in the decree about if the weekend schedule resumes (as if the extra visitation had never taken place) or if whenever they are returned to me turns into my weekend. For the reasons stated above, I personally think that we would go back to the every other weekend schedule as if the extra visitation had never occured. I was hoping that there was a clear cut answer to this question.
    As a CP, I let these things go- even if it's every labor day...after all I have the children most days throughout the year. If it were a major holiday (Christmas or such- depending on your culture/religion) then I'd be upset if I missed every year, but labor day?
  8. #8
    stealth2 is offline Senior Member
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    I have to agree, casa. I just don't see Labor Day as a big day when I simply must have the kids at least every other year.
  9. #9
    Chelle0511 is offline Member
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    Quote Originally Posted by stealth2
    I have to agree, casa. I just don't see Labor Day as a big day when I simply must have the kids at least every other year.
    ~Sigh...it's nice to see CP's that don't groan at everything and try to make the lives of their child's NCP difficult. Kudos to all of you
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by casa
    As a CP, I let these things go- even if it's every labor day...after all I have the children most days throughout the year. If it were a major holiday (Christmas or such- depending on your culture/religion) then I'd be upset if I missed every year, but labor day?
    For the most part I agree. However for some families Labor Day might be a big occasion when extended families get together...sometime maybe one of the few occasions per year that they do get together. So I don't think its fair to assume that Labor Day is automatically an unimportant holiday.
  11. #11
    flowerbaby is offline Junior Member
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    Still no answer to the question here.
    Believe me, I do not keep my kids from him at all. It is very hard to plan anything without a difinitive schedule and to me it should'nt even be an issue.
    It should not matter WHAT holiday I am talking about. There should be an answer to my question.
    And as far as being the CP making the NCP's life miserable, I don't think so. It is quite the contrary. Half the time he comes up with some excuse why he can't take them. He went a couple of months that he couldn't take them because his electric was turned off. He is also over $9000 behind in child support. I could really be a b---- about it, but I have said nothing.
    I think he is the one crossing the boundaries, not me!
  12. #12
    knight7474 is offline Junior Member
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    The only clear cut answer is in the wording of you order. Mine specifically says that his summer is additional to his regular weekends. So, basically he gets every other weekend until the end of time. Some orders say that holidays and summer visits superceed all other schedules.
    You need to post what your orders say.

    It will work out better for all if you stop fighting over whose time it is and just work with each other. I just called my ex the other day and said I need to schedule my vacation this summer--what do you have going on? He says "nothing, just pick a week". We weren't always at this point, and let me tell you there is much less stress now!
  13. #13
    MinCA is offline Member
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    Angry

    Take it back to the judge NOW for clarification before the summer since you are going to be petty. If he wants to keep them the rest of the weekend, for crying out loud let him. He's their father and gets to see them five days per month during the school year. Sheesh, let him have the extra day or two this summer.
  14. #14
    LdiJ is offline Senior Member
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    Quote Originally Posted by MinCA
    Take it back to the judge NOW for clarification before the summer since you are going to be petty. If he wants to keep them the rest of the weekend, for crying out loud let him. He's their father and gets to see them five days per month during the school year. Sheesh, let him have the extra day or two this summer.
    This is the second time today that I am needing to point out to you that you aren't reading the posts thoroughly. If you had, you would realize that she WANTS him to keep the kids through the weekend to keep the every other weekend visitation schedule on track.
  15. #15
    flowerbaby is offline Junior Member
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    Thank you LDiJ. You took the words out of my mouth!
    Also, thank you to Knight7474. I will look at the exact wording. I believe it says in addition to, but I will have to look.
    I really don't think I am the one being petty. I pretty well bend over backwards for him to see them. If I was being petty, I would have had him back in court 3 years ago over child support issues.

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