Ex being difficult regarding Memorial Day Holiday visitation

[lovemydaughter]

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

I have sole custody my ex and I share joint visitation. Because he had our daughter for Memorial Day last year I should get her this year. I have been picking her up at his house and taking her to school on his visitation days due to his new job hours. When I went there today he said he plans on picking her up at my house on said holiday at 9am. I calmly said you had her for Memorial Day last year. He said it is not an official holiday and I will be picking her up. And for me to contact my attorney. What are my grounds for contacting the police to stop him from coming to my house and ruining my holiday with my daughter?

I have spoken to my attorney awhile back regarding this and told him he had her last year and I get her this year to which he wholeheartedly agreed. My question is does said holiday include her staying overnight at my home?

There is nothing in the divorce or joint visitation regarding holidays. We are rotating them as my atty. calls it to be fair.

 

[bononos again]

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

I have sole custody my ex and I share joint visitation. Because he had our daughter for Memorial Day last year I should get her this year. I have been picking her up at his house and taking her to school on his visitation days due to his new job hours. When I went there today he said he plans on picking her up at my house on said holiday at 9am. I calmly said you had her for Memorial Day last year. He said it is not an official holiday and I will be picking her up. And for me to contact my attorney. What are my grounds for contacting the police to stop him from coming to my house and ruining my holiday with my daughter?

I have spoken to my attorney awhile back regarding this and told him he had her last year and I get her this year to which he wholeheartedly agreed. My question is does said holiday include her staying overnight at my home?

There is nothing in the divorce or joint visitation regarding holidays. We are rotating them as my atty. calls it to be fair.

Then, if it's his day it's his day. Your attorney is wrong.
Holidays are not addressed so the regular visitation schedule is followed.

 

[lovemydaughter]

Yes they are according to my attorney holidays override regular visitation.

 

[ray25]

Holidays override when they are spelled out and specific in the order. You don't have holidays addressed in your order. You can't override something that doesn't exist.

 

[bononos again]

Yes they are according to my attorney holidays override regular visitation.

Holidays would over-ride if they were listed in the order, but it's not.

 

[Just Blue]

There is nothing in the divorce or joint visitation regarding holidays. We are rotating them as my atty. calls it to be fair.

Your attorney is wrong. Visitation is as the ORDER states. Period.

 

[lovemydaughter]

How is it fair for him to have this holiday 2 years in a row? We switch holidays He had her for Easter last year this year I got her.

 

[lovemydaughter]

My atty. has been in practice for 25 years in family law. He is not wrong. I am not backing down from this. I can call the cops and make him get off my property. We did this last Christmas we flipped our visitation days for that week.

 

[bononos again]

My atty. has been in practice for 25 years in family law. He is not wrong. I am not backing down from this. I can call the cops and make him get off my property. We did this last Christmas we flipped our visitation days for that week.

Have fun wit dat!

 

[meanyjack]

How is it fair for him to have this holiday 2 years in a row? We switch holidays He had her for Easter last year this year I got her.

Why are you refusing to accept the fact that this holiday is NOT addressed in your order?

What you should do is amend it so that the holidays are addressed to avoid this in the future.

 

[bononos again]

My atty. has been in practice for 25 years in family law. He is not wrong. I am not backing down from this. I can call the cops and make him get off my property. We did this last Christmas we flipped our visitation days for that week.

Then why ask this question here if you assume you already have the answer from the attorney?
Kind of a waste of our time and yours.

 

[meanyjack]

My atty. has been in practice for 25 years in family law. He is not wrong. I am not backing down from this. I can call the cops and make him get off my property. We did this last Christmas we flipped our visitation days for that week.

You AND your attorney are both IDIOTS!

You AND your attorney ARE wrong.

You call the cops and he has an order for visitation, you won't like the results.

Now, listen Ignorant Chicky, you said:

"There is nothing in the divorce or joint visitation regarding holidays."

Now drop your freaking 'tude and have the kid ready for HIS parenting time as ordered for the weekend. And in the meantime, you should shut it, call your attorney and tell him/her you want to amend the order to have holidays included.

Or is that too much to ask...ya know, using common sense and all?

 

[mommyof4]

How is it fair for him to have this holiday 2 years in a row? We switch holidays He had her for Easter last year this year I got her.

Who said anything about fair? It is what it is.

My atty. has been in practice for 25 years in family law. He is not wrong. I am not backing down from this. I can call the cops and make him get off my property. We did this last Christmas we flipped our visitation days for that week.

Then your atty should have been competent enough and had enough experience to know that the holiday schedule must be spelled out in the court order for anything regarding holidays overriding regular visitation to be enforceable.

Bottom line, you and your atty screwed up. If Mem. day wknd falls on his regularly scheduled visitation time, Dad gets that weekend. In order to have holiday time override regular visitation, you need to talk to your atty and go back to court to have the order modified. You would have saved a ton of money if you and your atty had done it right the first time, but you didn't. So again...it is what it is.

 

[lovemydaughter]

My ex cannot afford court.

 

[mommyof4]

My ex cannot afford court.

What's that got to do with the price of tea in China?

Prepare your kids to have a great time with Daddy this weekend (and apparently any future holidays that fall on Dad's schedule.)