Is it EOW or 1x month?

[BorninTx]

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

Ex is supposed to get 1st, 3rd, and 5th weekends. He has only taken our daughter once a month, for 3 years. We were talking about mother's day weekend, because I was wanting to keep her. He said that he would just take her on the second weekend because he could pick what ever weekend he wanted to, since he only takes her once a month.

According to the decree, he has to give me 90 written notice if he elects the alternate weekend possession. (1x month) He has never given me the notice,therefore, I've always thought it was eow because of this. Do we go by the eow or is it the 1x a month and he can pick whatever weekend he wants? TIA

 

[Zigner]

For 3 years it's been 1x/month and NOW you want to claim that you weren't aware it's 1x/month?

 

[BorninTx]

For 3 years it's been 1x/month and NOW you want to claim that you weren't aware it's 1x/month?

No, because he will still tell me that he wants 1, 3, and 5. And if (which I am not going to do, just an example) I would go to court to get once a month, he would say that he wants 1, 3, 5. So, no, I wasn't aware that we went to the once a month exclusively.

 

[Zigner]

Your original post states that it's been 1x/mo for 3 years.

No, because he will still tell me that he wants 1, 3, and 5. And if (which I am not going to do, just an example) I would go to court to get once a month, he would say that he wants 1, 3, 5. So, no, I wasn't aware that we went to the once a month exclusively.

 

[CJane]

So hold on. You want Mother's Day weekend. He's willing to rearrange HIS schedule to accommodate your desires, and you're irritated by that?

 

[BorninTx]

Yes, it does. I just didn't know if we went by eow, or the once a month cause he has never given me the notice that he wants to elect that. He's also told me that he wants to keep it eow in case something happens and he can't take her the first weekend. This wasn't that long ago that he told me this, but then this morning, he told me he could pick whatever weekend he wanted. So, how is he able to do both?

Or just go by the once a month, 2 weeks notice even though he won't put into writing that he wants the once a month?

 

[BorninTx]

So hold on. You want Mother's Day weekend. He's willing to rearrange HIS schedule to accommodate your desires, and you're irritated by that?

First, it's in our decree that I get mother's day, he gets fathers day and neither party can interfere with those weekends. Second, she is still going to see him on mothers day. I was just asking about which weekend schedule we were supposed to be going by since he picks whichever is convenient for him.

 

[CJane]

Yes, it does. I just didn't know if we went by eow, or the once a month cause he has never given me the notice that he wants to elect that. He's also told me that he wants to keep it eow in case something happens and he can't take her the first weekend. This wasn't that long ago that he told me this, but then this morning, he told me he could pick whatever weekend he wanted. So, how is he able to do both?

Or just go by the once a month, 2 weeks notice even though he won't put into writing that he wants the once a month?

If this was working for 3 years, why is it an issue NOW?

Has he been doing once/month, but that once/month ALWAYS fell on either a 1st, 3rd or 5th weekend? Has the schedule NEVER been deviated from -- ever ever, even as now at your request?

What does the order say EXACTLY about the 1st/3rd/5th wkend AND the once/month?

 

[LdiJ]

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

Ex is supposed to get 1st, 3rd, and 5th weekends. He has only taken our daughter once a month, for 3 years. We were talking about mother's day weekend, because I was wanting to keep her. He said that he would just take her on the second weekend because he could pick what ever weekend he wanted to, since he only takes her once a month.

According to the decree, he has to give me 90 written notice if he elects the alternate weekend possession. (1x month) He has never given me the notice,therefore, I've always thought it was eow because of this. Do we go by the eow or is it the 1x a month and he can pick whatever weekend he wants? TIA

Mother's day weekend is a holiday and no, he cannot override your holiday for his weekend.

On top of that he is required to give you 90 days notice if he is not exercising the 1st, 3rd and 5th weekends. Therefore he doubly has no basis to take your mother's day weekend. Do not allow him to do so. Say no.

 

[CJane]

Mother's day weekend is a holiday and no, he cannot override your holiday for his weekend.

On top of that he is required to give you 90 days notice if he is not exercising the 1st, 3rd and 5th weekends. Therefore he doubly has no basis to take your mother's day weekend. Do not allow him to do so. Say no.

Mother's Day is the FIRST weekend. She wants HIS weekend. He's AGREEING to let her have the weekend, and saying he'll take the SECOND weekend instead.

THAT is apparently what Mom has a problem with. Dad's offer to SWAP instead of just giving up the weekend.

I'm willing to bet OP's order grants her only the DAY and she wants the WEEKEND.

 

[Silverplum]

Mother's Day is the FIRST weekend. She wants HIS weekend. He's AGREEING to let her have the weekend, and saying he'll take the SECOND weekend instead.

THAT is apparently what Mom has a problem with. Dad's offer to SWAP instead of just giving up the weekend.

I'm willing to bet OP's order grants her only the DAY and she wants the WEEKEND.

I'd like in on that bet.

 

[BorninTx]

If this was working for 3 years, why is it an issue NOW?

Has he been doing once/month, but that once/month ALWAYS fell on either a 1st, 3rd or 5th weekend? Has the schedule NEVER been deviated from -- ever ever, even as now at your request?

What does the order say EXACTLY about the 1st/3rd/5th wkend AND the once/month?

Correct, he has only taken her on a 1st, 3rd, or 5th weekend. Never a 2nd or 4th.

Unless dad elects the alternative period of weekend possession described in the next paragraph, dad shall have right of possession of the child on weekends beginning 6pm on 1st, 3rd, 5th.

Alternate weekend possession: In lieu of the weekend possession described int he foregoing paragraph, dad shall have the right to possession of the child not more than one weekend a month of dad's choice. He may elect an option for this alternative period of weekend possession by giving mom written notice with 90 days after the parties begin to reside more than 100 miles apart. The weekends chosen shall not conflict with provisions regarding Christmas, Thanksgiving, the child's birthday, and Mother's Day weekend.

 

[BorninTx]

Mother's Day is the FIRST weekend. She wants HIS weekend. He's AGREEING to let her have the weekend, and saying he'll take the SECOND weekend instead.

THAT is apparently what Mom has a problem with. Dad's offer to SWAP instead of just giving up the weekend.

I'm willing to bet OP's order grants her only the DAY and she wants the WEEKEND.

Appears I get the whole weekend... Mother's Day Weekend- Mom shall have right to possession of the child each year beginning on 6pm on the Friday preceding Mother's Day and ending at 6pm on Mother's Day.

 

[CJane]

Appears I get the whole weekend... Mother's Day Weekend- Mom shall have right to possession of the child each year beginning on 6pm on the Friday preceding Mother's Day and ending at 6pm on Mother's Day.

So, what's your problem then?

You really are ticked that he wants to use the 2nd weekend since you "get" the first weekend for Mother's Day?

Seriously?

ETA: Was this an issue last year (2010) when Mother's Day was also on the first weekend?

Have you, for the past 3 years, just kept the 1st/3rd/5th weekends open in case Dad shows up?

 

[LdiJ]

Mother's Day is the FIRST weekend. She wants HIS weekend. He's AGREEING to let her have the weekend, and saying he'll take the SECOND weekend instead.

THAT is apparently what Mom has a problem with. Dad's offer to SWAP instead of just giving up the weekend.

I'm willing to bet OP's order grants her only the DAY and she wants the WEEKEND.

Oops...I am used to viewing Mother's Day as the second weekend. But its not, its the second Sunday.