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wnbama

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

History:
https://forum.freeadvice.com/showthread.php?t=393569

I would like some feedback on these guidelines. We go to court on Monday.This is what I want to present to him. Me and my Lawyer have addressed everything that has happened or been a problem over the course of the last 7 yrs and trying to head off ones that might come up, we only have to go to court a limited number of times, if possible.
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Nothing herein prohibits the parents from changing the schedule upon mutual agreement in writing via certified mail. In the event of conflicting dates and times, the following is the order of priority: holidays; birthdays; summer visitation and school breaks; weekend.


WEEKENDS: Except during the time periods identified as Thanksgiving, Christmas and Spring breaks, as well as summer visitation, the NON-CUSTODIAL PARENT shall have visitation on alternate weekends from Friday at 6 p.m. until Sunday at 6 p.m.


WEEKENDS EXTENDED BY HOLIDAY: If a weekend period coincides with a school holiday during the regular school term, or with a federal state or local holiday during the summer months when school is not in session the weekend visitation shall end at 6PM on a Monday holiday or school holiday, or start at 6 p.m. on Thursday proceeding a Friday Holiday, or federal state or local holiday., as applicable.


MOTHER'S/FATHER'S DAY: On Mother's Day and Father's Day, no matter whose turn for visitation, Child shall be with the appropriate parent from 9 a.m. until 6 p.m.


BIRTHDAYS: The parents will alternate having Child with him or her on the child’s birthday, In odd-numbered years, NON-CUSTODIAL PARENT shall have Child on his birthday, In even-numbered years, CUSTODIAL PARENT shall have Child on his birthday. Each parent shall be entitled to have Child with him or her on that parent’s birthday, if wanted from 9 a.m. until 6 p.m.


SCHOOL BREAKS (Spring): In odd-numbered years, CUSTODIAL PARENT, in even-numbered years NON-CUSTODIAL PARENT, shall have Child starting at 6pm the day school recesses until 6 p.m. the day before school resumes.


THANKSGIVING BREAK: CUSTODIAL PARENT shall have Child on even-numbered years, NON-CUSTODIAL PARENT in odd-numbered years, shall have Child from Wednesday at 6 p.m. to Sunday at 6 p.m.

CHRISTMAS BREAK: NON-CUSTODIAL PARENT will have Child each Christmas Day from 3:00 p.m. until 6:00 p.m. on New Year’s Day.


SUMMER VACATION: The NON-CUSTODIAL PARENT shall have visitation for five weeks (35 days) each summer. Summer visitation shall be taken in increments of no greater than two (2) weeks (14 days) or less than one (1) week (7 days), unless otherwise agreed, and shall not be extended because other visitation days fall within the chosen summer visitation weeks. The NON-CUSTODIAL PARENT shall give the CUSTODIAL PARENT written notice of summer visitation plans between March 1 and April 1 of each year. The NON-CUSTODIAL PARENT has priority of choice of summer visitation dates if notice is given as required and unless the CUSTODIAL PARENT’S vacation is an annual mandatory shut-down of the place of employment. If no notice is given by April 1, the CUSTODIAL PARENT has priority in the scheduling of any summer vacation plans and the NON-CUSTODIAL PARENT may choose only those weeks in which the CUSTODIAL PARENT is not scheduled to be out of town on vacation with the Child. The NON-CUSTODIAL PARENT shall be entitled to up to two (2) weeks for an actual visitation, which shall not be interrupted by any conflicting visitation times. Each parent shall provide the other parent with destination, times of departure and arrival, method of travel and telephone number where the parent can be reached in case of an emergency when taking the children outside the parent's community.


PICK-UP / DROP-OFF: Will take place at the CUSTODIAL PARENT’S local police department. The NON-CUSTODIAL PARENT will not return Child early from visitation unless the parents agree to a different drop-off time in advance. The CUSTODIAL PARENT / NON-CUSTODIAL PARENT or other adult well-known to Child must be present at pick up / Drop-off.

LATE PICK-UP: The CUSTODIAL PARENT shall have Child ready for pickup at the start of all visitation periods. Child and the CUSTODIAL PARENT have no duty to wait for the NON-CUSTODIAL PARENT to arrive for visitation more than thirty (30) minutes, unless notified in advance. The NON-CUSTODIAL PARENT who arrives more than thirty (30) minutes late without prior notification for a particular visitation, forfeits that visitation, unless the CUSTODIAL PARENT agrees otherwise.


CANCELING VISITATION: Except in emergency situations, the NON-CUSTODIAL PARENT must give at least twenty-four (24) hours advance notice when canceling a visitation period.


MEDICAL TREATMENT AND EMERGENCIES: NON-CUSTODIAL PARENT must give medications as prescribed and ordered by physician of minor child. CUSTODIAL PARENT is responsible for making sure such medications are available to NON-CUSTODIAL PARENT . If Child becomes seriously ill or injured, each parent shall notify the other parent as soon as practicable. If Child becomes ill or injured during visitation, the NON-CUSTODIAL PARENT shall contact the CUSTODIAL PARENT to secure treatment unless the situation is a true medical emergency.


TRANSPORTATION: The NON-CUSTODIAL PARENT / CUSTODIAL PARENT has responsibility for transportation of Child to and from their home to police station for visitation periods and may use another adult well-known to Child for picking up or dropping off when necessary. Any person transporting Child may not be under the influence of alcohol or drugs, and must be a licensed, insured driver. All child restraint and seat belt laws must be observed by the driver.


SCHOOL WORK: Parent shall provide time for child to study and complete homework assignments, even if the completion of work interferes with the parent's plans for Child. The CUSTODIAL PARENT is responsible for providing the NON-CUSTODIAL PARENT all of the school assignments and books. Summer school if is necessary for Child must be attended, regardless of which parent has the child during the summer school period, including transportation to and from summer school.


EXTRACURRICULAR ACTIVITIES: Regardless of where Child is living/visiting, his continued participation in extracurricular activities, school related or otherwise, should not be interrupted. The parent with whom Child is living/visiting shall be responsible for providing transportation to and from activities scheduled during living/visitation with that parent. Each parent shall provide the other parent with notice of all extracurricular activities, complete with schedules, when available.


OUT-OF-STATE RELOCATION: In according with State of Alabama code 30-3-166.


LOCAL RELOCATION, PHONE NUMBERS: In according with State of Alabama code 30-3-166. Both parents shall give written notice to the other parent immediately upon any change of address and/or phone number, unless a restrictive order has been obtained from the Court, including employment address, and phone numbers.

COMMUNICATION: Between the parties concerning visitation shall take place through email where possible .Shall only be between the parents. Current e-mail addresses shall be provided each to the other. A phone number shall be provided for communications with child for telephone visitations. The child shall not be used for the transfer of messages or the conveyance of information by the parents.

THIRD PARTY INTERFERENCE: There will be no Third Party Interference from either the current spouse/significant other (girlfriend/boyfriend/common-law) with regard to making parenting decisions or participating in discussions (between the parents of Child) regarding parenting decisions. This does NOT pertain to private discussions held between the parent and their partner. There will be no derogatory statements made about either parent by any party in the presence of Child. Third party participants cannot make any decisions regarding medical care, education, or extra-curricular activities, change written documentation nor be listed as a contact on any form/documentation that requires parental information.



INTERFERENCE: Neither parent will intrude upon the privacy of the other, nor falsely make nor imply any mean, nasty derogatory or deprecatory statements about the other to anyone, nor prevent nor restrict nor in any way interfere with the other’s rights granted by the Court. The parents and all persons subject to their control are enjoined and restrained from doing or attempting to do, or threatening to do any act of injuring, maltreating, vilifying or molesting the adverse party, or any of the children. Neither party shall say unkind, degrading and similar things about the other parent in the child’s presence, even if they are true. Neither party shall in any manner harass, intimidate, humiliate or otherwise interfere with the life of the other party.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 
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Ohiogal

Queen Bee
You are aware that days are different than weeks (for instance five weeks is NOT the same as 35 days). when applied to a court order.
 

Isis1

Senior Member
and don't forget christmas break is 2 weeks (or 3) and should be broken up evenly.

shouldn't CP and NCP alternate christmas day instead of NCP getting christmas every year?
 
and don't forget christmas break is 2 weeks (or 3) and should be broken up evenly.

shouldn't CP and NCP alternate christmas day instead of NCP getting christmas every year?
Some Christmas breaks are only a week. My daughter gets off for Christmas Eve and goes back to school the next weekday following New Year's. I know our CO was provided that NCP gets every winter break and every spring break.

Also, it looks like Christmas is split fairly equal. NCP gets at 3PM every year, but CP gets Christmas morning every year. If that works for them, I'd say go for it. It would give the NCP the time to start instead of it breaking up the winter break portion of the time.
 
One thing I'd include are holidays.

Easter, Memorial Day, Independence Day, and Labor Day.

Spring break doesn't always fall with Easter. Some families like to do things for the other three holidays. Since Independence Day and Labor Day may not fall as "school holidays" I'd spell it out.
 

wnbama

Member
and don't forget christmas break is 2 weeks (or 3) and should be broken up evenly.

shouldn't CP and NCP alternate christmas day instead of NCP getting christmas every year?
Christmas Break is 2 weeks, and I'm giving him 1 week and I have the other. If we do the swap on Christmas Day in the afternoon we both get to spend time with child.

BTW: We only live a few miles from one another.
 

wnbama

Member
One thing I'd include are holidays.

Easter, Memorial Day, Independence Day, and Labor Day.

Spring break doesn't always fall with Easter. Some families like to do things for the other three holidays. Since Independence Day and Labor Day may not fall as "school holidays" I'd spell it out.
Memorial Day and 4th of July are the only 2 that does not fall within "school holidays" and I will add those forgot about them and do a even / odd year for each of us.

Yes, everything "tiny" thing HAS to be spelled out for him or otherwise it total HE11.

I am trying to be as fair as possible on all things, of course, I had to learn to do that and I learned "what battles to pick" off here. This is site is the BEST!
 

TheGeekess

Keeper of the Kraken
and don't forget christmas break is 2 weeks (or 3) and should be broken up evenly.

shouldn't CP and NCP alternate christmas day instead of NCP getting christmas every year?
Most school systems in Bama break for Xmas the Friday before the holiday and go back the Tuesday after New Years, creating a 2 week period. (We have one year-around local school system, but their county BOE is trying to change that. OP does not live in that area (close, but not there!) :p
 

TheGeekess

Keeper of the Kraken
Memorial Day and 4th of July are the only 2 that does not fall within "school holidays" and I will add those forgot about them and do a even / odd year for each of us.

Yes, everything "tiny" thing HAS to be spelled out for him or otherwise it total HE11.

I am trying to be as fair as possible on all things, of course, I had to learn to do that and I learned "what battles to pick" off here. This is site is the BEST!
WB, you might want to check out the local school calendar. Last year, Memorial Day fell in the last week of school in my county. That played havoc with The Child going with my parents to a family reunion out of state. :rolleyes:
 

Ohiogal

Queen Bee
No I was not aware of that, can you explain a little more?
5 weeks is five weeks (seven consecutive days = a week). 35 days is 35 days and can be taken however.

If dad has every other weekend and he wants to take his five weeks as 35 days to maximize, he does the following

dad's weekend (friday through Sunday) then M, T, W, H, F (he used five days out of 35 leaving 30 to go). Whereas counting weeks this would have already used one week (leaving four weeks to go (or 28 days). Now if dad combines five days with his three days then he is maximizing his time and getting an extra week out of summer approximately. All because you gave him 35 days and NOT 5 weeks.
 
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wnbama

Member
5 weeks is five weeks (seven consecutive days = a week). 35 days is 35 days and can be taken however.

If dad has every other weekend and he wants to take his five weeks as 35 days to maximize, he does the following

dad's weekend (friday through Sunday) then M, T, W, H, F (he used five days out of 35 leaving 30 to go). Whereas counting weeks this would have already used one week (leaving four weeks to go (or 28 days). Now if dad combines five days with his three days then he is maximizing his time and getting an extra week out of summer approximately. All because you gave him 35 days and NOT 5 weeks.
You lost me. So, breaking it down such as the bolded part would not work?

SUMMER VACATION: The NON-CUSTODIAL PARENT shall have visitation for five weeks (35 days) each summer. Summer visitation shall be taken in increments of no greater than two (2) weeks (14 days) or less than one (1) week (7 days), unless otherwise agreed, and shall not be extended because other visitation days fall within the chosen summer visitation weeks.
 
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wnbama

Member
WB, you might want to check out the local school calendar. Last year, Memorial Day fell in the last week of school in my county. That played havoc with The Child going with my parents to a family reunion out of state. :rolleyes:
I checked on the school's website for the next 2 years and he gets out the Wed. BEFORE Memorial Day but of course, if we EVER get snow and have make up days, then it would go into Memorial Day :p.

BTW: The year Round School ended this year! (My sister's friends kids went to it) The County made them stop, not sure why. I know the kids loved it!:)
 

Ohiogal

Queen Bee
You lost me. So, breaking it down such as the bolded part would not work?

SUMMER VACATION: The NON-CUSTODIAL PARENT shall have visitation for five weeks (35 days) each summer. Summer visitation shall be taken in increments of no greater than two (2) weeks (14 days) or less than one (1) week (7 days), unless otherwise agreed, and shall not be extended because other visitation days fall within the chosen summer visitation weeks.
lets see....
I am the NCP. I will take five weeks as 35 days.
My weekend is this weekend. I get F, S, Su. Those are mine anyway. I will then take M, T, W, Th, F, S, Su, M, T, W, Th. That is fourteen days in a row. I have used 11 vacation days out of 35.

Okay. What I have done is allowed based on your summer vacation. Oh but I also get the child back on F, S, and Su. I will of course return the child on Thursday and then get the child back on Friday. That works based on your wording.

Easier method> SUMMER VACATION: The NCP shall have five weeks of vacation. Such vacation shall be scheduled one week at a time with no more than two consecutive weeks being taken. School year weekend visitation shall not take place during the summer.

Get rid of the days. Because I can stretch it. And still work with your wording. And not be in contempt. And you can whine all you want but since you are writing it, all ambiguities go against you.
 

TheGeekess

Keeper of the Kraken
I checked on the school's website for the next 2 years and he gets out the Wed. BEFORE Memorial Day but of course, if we EVER get snow and have make up days, then it would go into Memorial Day :p.

BTW: The year Round School ended this year! (My sister's friends kids went to it) The County made them stop, not sure why. I know the kids loved it!:)
We've had snow before... "The Blizzard of 93" happened in March. :p

I hate that Shelby County forced the Vincent schools to go back to the traditional school year. Nothing but politics... somebody at the state level didn't like it and made it tough for the local BOE. (The AEA (education union) runs this state. :mad: ) I wish the whole state would go to year-around schools. I think children do better when you don't give them a chance to forget what they've learned before. :D
 

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