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First Weekend of the Month?

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

I am to have every first, third and fifth weekend with my daughter. The weekend starts Friday at 6pm and ends at 6pm on Sunday.

In October, the first of the month falls on a Saturday. Is this considered the first weekend of the month; or not, because the first does not fall on Friday?

As always, thanks in advance for your help.
 


CSO286

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

I am to have every first, third and fifth weekend with my daughter. The weekend starts Friday at 6pm and ends at 6pm on Sunday.

In October, the first of the month falls on a Saturday. Is this considered the first weekend of the month; or not, because the first does not fall on Friday?

As always, thanks in advance for your help.
Nope, according to your order, if your weekends begin on Friday at 6, the first weekend in October begins October 7.
 

CSO286

Senior Member
Of course, given that the 5th weekend in September starts on friday the 30th, you could argue that you are entitled to that weekend as well as the first weekend in October that begins on the 7th**************
 
Ahhh... Very good point! Friday is the start to the weekend, and that would begin the fifth weekend of the month of September.

I am going to try to present this to my ex and see what she says. I'm sure there will be an argument, but I don't really see how you can argue against this.
 

mistoffolees

Senior Member
I would present it with a color coded calendar for the next year - blue for you and pink for mom. Pictures = 1000 words.
That's easy enough to do with computer calendar programs.

It's also a good lesson - don't take ANYTHING for granted in writing a divorce decree. The decree should really define terms. While CSO's interpretation is certainly reasonable, it could also be challenged. Everything should be spelled out precisely enough so that everyone is always on the same page.
 

CSO286

Senior Member
That's easy enough to do with computer calendar programs.

It's also a good lesson - don't take ANYTHING for granted in writing a divorce decree. The decree should really define terms. While CSO's interpretation is certainly reasonable, it could also be challenged. Everything should be spelled out precisely enough so that everyone is always on the same page.
Too true.

And I did go for the sneaky there.....
 

gam

Senior Member
Since the order is dad has 1st, 3rd and 5th weekend, anyway you look at it, dad gets 3 weekends either in Sept or Oct. He needs to point this out to mom. Does not mean mom will get it though even after pointing this out. Some just can't see logic in orders that don't spell everything completely out for them.
 

CSO286

Senior Member
Since the order is dad has 1st, 3rd and 5th weekend, anyway you look at it, dad gets 3 weekends either in Sept or Oct. He needs to point this out to mom. Does not mean mom will get it though even after pointing this out. Some just can't see logic in orders that don't spell everything completely out for them.
Ain't that the truth!!!!

;):cool::rolleyes::D
 
Great advice with the color coded calendar. I am going to work on that today. Having things down on paper is the best way to prevent conflict in the future.

Thanks, again!
 

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