Conflicting visitation schedules...

[thespecialistkc]

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

CP and I have a fairly standard parenting plan, with major holidays operating on an odd/even year schedule. This year, I am afforded Christmas visitation for the first half, defined as "the date school is dismissed" until "December 27th at 12:00pm". In even years it is reversed. However (and I didn't think of this at the time), CP's birthday is on Dec. 22nd. Last day of school is Dec. 21st. Visitation for parental birthdays is every year on that date from 5pm until 8pm. So basically I have court ordered visitation, as does CP. Which visitation takes legal precedence?
I will simply amend my holiday travel plans to allow the little specialists to visit CP on the 22nd (for the sake of harmony), but legally who has the right of visitation?

Thanks.

 

[olhobbes]

In my CO, in CA, parent birthdays are considered "Holidays" ( if they are even defined ), which take precedence over standard visitation. I wouldn't imagine GA being much different, but even if it is I think you have the right mindset; maintain the peace. It's something fun the kids get to do, you can plan around it, and it helps with keeping the peace. Win/win/win.

( not a lawyer, just a parent who has learned the hard way how to deal with a combative ex )

 

[thespecialistkc]

In my CO, in CA, parent birthdays are considered "Holidays" ( if they are even defined ), which take precedence over standard visitation. I wouldn't imagine GA being much different, but even if it is I think you have the right mindset; maintain the peace. It's something fun the kids get to do, you can plan around it, and it helps with keeping the peace. Win/win/win.

( not a lawyer, just a parent who has learned the hard way how to deal with a combative ex )

Yes, that is the problem... both are considered "Holidays" and both are on the same day, but with opposing visitation. It's truly not a battle worth fighting (pick another mountain to die on), but I'm just curious as to the legal ins and outs.

And as you say.... win/win/win !!!

Thanks!

 

[Proserpina]

And yet, at the same time, there are many threads here where the poster is advised to hold their own birthday celebration with the child/ren once the child/ren are back with the poster.

Intriguing!

I agree though OP, that you have a win/win situation here. You have the kids over Christmas, and they visit birthday parent for the parent's birthday.

That to me is pretty darned decent co-parenting.

 

[mistoffolees]

Yes, that is the problem... both are considered "Holidays" and both are on the same day, but with opposing visitation. It's truly not a battle worth fighting (pick another mountain to die on), but I'm just curious as to the legal ins and outs.

And as you say.... win/win/win !!!

Thanks!

Legally, I think it would go like this:

- As stated previously, holiday visitation pre-empts standard visitation

- If the birthday is not listed as one of the holidays, then the holiday schedule (Christmas) would pre-empt the birthday and the person with Christmas visitation would get the child.

- If the birthday IS listed as one of the holidays, then you have two holidays with different schedules, but both of them apply on a given day. It would really come down to the individual judge because I doubt if there's any statute (and maybe not even any case law) covering it. I could see two options:
a. "Christmas is more important than a birthday, so the Christmas schedule applies"
b. "The Christmas holiday is 6 days, so it won't hurt the person to give up one day for the birthday, so the Christmas person gets the entire Christmas break EXCEPT the birthday".

I commend you for being willing to change your schedule because that's clearly going to be best for the child.

 

[LdiJ]

Legally, I think it would go like this:

- As stated previously, holiday visitation pre-empts standard visitation

- If the birthday is not listed as one of the holidays, then the holiday schedule (Christmas) would pre-empt the birthday and the person with Christmas visitation would get the child.

- If the birthday IS listed as one of the holidays, then you have two holidays with different schedules, but both of them apply on a given day. It would really come down to the individual judge because I doubt if there's any statute (and maybe not even any case law) covering it. I could see two options:
a. "Christmas is more important than a birthday, so the Christmas schedule applies"
b. "The Christmas holiday is 6 days, so it won't hurt the person to give up one day for the birthday, so the Christmas person gets the entire Christmas break EXCEPT the birthday".

I commend you for being willing to change your schedule because that's clearly going to be best for the child.

It would be interesting however, to know how any one particular judge would actually rule on a case like this one. I have a cousin whose birthday often falls on Thanksgiving. He is not divorced but I can imagine the potential fireworks.

 

[mistoffolees]

It would be interesting however, to know how any one particular judge would actually rule on a case like this one. I have a cousin whose birthday often falls on Thanksgiving. He is not divorced but I can imagine the potential fireworks.

I would think that it would be useless information because at that point, it would come down entirely to bias and personal opinion, not the law. Unless you had a judge who had already ruled on the issue, knowing what a different judge ruled would probably not help.

 

[Zigner]

Effective co-parenting would be that the CP gets kiddo on CP's b-day, but offers to extend the NCP's Christmas visitation by one day in return.

 

[mistoffolees]

Effective co-parenting would be that the CP gets kiddo on CP's b-day, but offers to extend the NCP's Christmas visitation by one day in return.

Good suggestion.

But if it were me, I don't think I'd insist on that. Then, again, we are constantly swapping days around, so it all comes out fair in the end.

 

[thespecialistkc]

Would never even think about going to court over something that occurs once every other year, for 3 hours. In the interest of harmony and happiness I can deal and change my plans. To be stubborn would be counter-productive and frankly, petty. Was more interested in the legal position as it seemed there was no clear cut precedence one way or the other.
Thanks for the replies and food for thought.

 

[Zigner]

Would never even think about going to court over something that occurs once every other year, for 3 hours. In the interest of harmony and happiness I can deal and change my plans. To be stubborn would be counter-productive and frankly, petty. Was more interested in the legal position as it seemed there was no clear cut precedence one way or the other.
Thanks for the replies and food for thought.

You have an EXCELLENT attitude. Bravo!

 

[Ohiogal]

You have an EXCELLENT attitude. Bravo!

I concur whole heartedly. Seriously. BRAVO!