Visitation for this coming weekend

[mdmother]

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

My daughter's father and I have joint legal custody with me being the primary residential parent. For the Christmas holiday, I had her from her last day of school before break until noon on Christmas day. He then had her from Christmas day at noon until December 29th. He also gets her on his days off, which are rotating due to his job as a firefighter. One week it's Monday, the next it's Tuesday, etc. He only exercises these days when she is not in school. During the school year, he does not exercise his weekly visits (from afterschool until 7:30). He had her until the 29th which was yesterday, plus today because he is off today. I am getting her back tonight at 8:00.

My question is this: There is nothing in the court order for New Year's eve or New Year's day. Friday starts his weekend visitation and he is off on Friday because it's a holiday, although it's not his scheduled day off. I am planning on keeping her on Friday until 3:00 so that she can visit with my extented family as they were not here for the three days I had her prior to Christmas. Because he is off, would he get her that morning or would he get her when he normally gets her for his weekends (which is 6:00 but I am letting him have her at 3:00). We go to court on Jan. 21st for child support modification, and I dont want to be held in contempt for keeping her when it's not his regularly scheduled day off during the week.What is the name of your state (only U.S. law)?

 

[Zigner]

How does the dad feel about your 3pm suggestion? If he doesn't like it, let him take daughter. According to the way YOU'VE described it, it IS his day.

 

[LdiJ]

How does the dad feel about your 3pm suggestion? If he doesn't like it, let him take daughter. According to the way YOU'VE described it, it IS his day.

I am not sure that I agree. Its not his regularly scheduled day off. By your interpretation he would get her any time he isn't working, even if he is not working because he is sick, on vacation, had personal business. etc.

OP, give us word for word what your orders say regarding dad's parenting time.

 

[Zigner]

I am not sure that I agree. Its not his regularly scheduled day off. By your interpretation he would get her any time he isn't working, even if he is not working because he is sick, on vacation, had personal business. etc.

OP, give us word for word what your orders say regarding dad's parenting time.

We don't disagree at all. However, based ONLY on what the OP read, my interpretation of it would be correct. I think our OP paraphrased incorrectly (just as you do)

 

[mdmother]

We don't disagree at all. However, based ONLY on what the OP read, my interpretation of it would be correct. I think our OP paraphrased incorrectly (just as you do)

Our court order states:

"We have made, and agree to, the following living arrangements for our child-our child will live primarily with the mother ad our child will be with the father as follows: every other weekend from Friday evening at 6:00 p.m. until Sunday evening at 7:00 p.m. The father will see the daughter every week on his day off, based on his rotating day off of the week".

I haven't spoken to him about the 3:00 pick-up time because I did not know my aunt, uncle, and cousins were coming down until two days ago and he took our daughter to New Jersey to visit with his family. I don't want to interrupt their time for something I assumed was giving him extra time.

Thanks for the opinions.

 

[LdiJ]

Our court order states:

"We have made, and agree to, the following living arrangements for our child-our child will live primarily with the mother ad our child will be with the father as follows: every other weekend from Friday evening at 6:00 p.m. until Sunday evening at 7:00 p.m. The father will see the daughter every week on his day off, based on his rotating day off of the week".

I haven't spoken to him about the 3:00 pick-up time because I did not know my aunt, uncle, and cousins were coming down until two days ago and he took our daughter to New Jersey to visit with his family. I don't want to interrupt their time for something I assumed was giving him extra time.

Thanks for the opinions.

Ok...Friday is NOT his rotating day off of the week, therefore he gets the child at 6:00 PM. If you want to let him have the child earlier than that, then that's nice of you to do.

 

[Zigner]

Ok...Friday is NOT his rotating day off of the week, therefore he gets the child at 6:00 PM. If you want to let him have the child earlier than that, then that's nice of you to do.

Based on the updated information, I totally agree.

 

[mdmother]

Based on the updated information, I totally agree.

I'm sorry for not including the exact wording of the court order. Thank you for your advice and input. We shall see what happens tonight at the meeting point. I am looking for an argument, but we shall see what will happen.

 

[mdmother]

Ok...Friday is NOT his rotating day off of the week, therefore he gets the child at 6:00 PM. If you want to let him have the child earlier than that, then that's nice of you to do.

Im not trying to take time away from him by any means. I know that he has off that day due to the holiday, but at the same time, he has had her the majority of her break. I figure, she will get to play with the cousins for part of the day on Friday and then get to spend some extra time with her dad as well. All in all, a great compromise I think.

 

[Zigner]

I'm sorry for not including the exact wording of the court order. Thank you for your advice and input. We shall see what happens tonight at the meeting point. I am looking for an argument, but we shall see what will happen.

You're welcome - but LdiJ really deserves more of this thanks.

 

[LdiJ]

Im not trying to take time away from him by any means. I know that he has off that day due to the holiday, but at the same time, he has had her the majority of her break. I figure, she will get to play with the cousins for part of the day on Friday and then get to spend some extra time with her dad as well. All in all, a great compromise I think.

You might remind him that this way he can sleep in on New Year's Day.

 

[mdmother]

You might remind him that this way he can sleep in on New Year's Day.

Thanks for all of your advice and input to LdiJ! That's what I think too! We shall see how he takes it tonight. You would think by him getting a few extra hours with her, he would be grateful, but not sure if that is going to happen. Hopefully, she will be in the car and strapped in before he starts an argument. I have already made up my mind that I am going to tell him he can get her from my parent's house at 3:00 or 6:00 and then get in the car and go. It's up to him what he decides to do in regards to when he wants to get her.

 

[AkersTile]

I personally wouldn't bring it up in front of daughter. It is not for her ears to her. Would it be possible to wait until you get home and call him or send him an e-mail?

 

[mdmother]

I personally wouldn't bring it up in front of daughter. It is not for her ears to her. Would it be possible to wait until you get home and call him or send him an e-mail?

I can, however, when he drops her tonight I am quite sure he will say something to the stance of "I will meet you here on Friday at such and such time". Should I just let it go if it's Friday morning and then call him later to say you are not getting her until 3 or 6, or should I simply state, "actually, it's not your regularly scheduled day off, so you may come and get her at my parents house at 3 if you would like".

 

[Zigner]

I can, however, when he drops her tonight I am quite sure he will say something to the stance of "I will meet you here on Friday at such and such time". Should I just let it go if it's Friday morning and then call him later to say you are not getting her until 3 or 6, or should I simply state, "actually, it's not your regularly scheduled day off, so you may come and get her at my parents house at 3 if you would like".

Ok, since you've moved beyond the legal questions...


Would it kill you to let him have her in the morning? Of course, you're not legally obligated to, but look at it as a New Year goodwill gesture!