Three and Four-day Weekends

[dsarvey]

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

I am the Father. The Mother has 70% physical custody. This upcoming weekend is a holiday weekend attached to a in-service day for the teachers; giving the children a four-day weekend. This weekend would normally be the Mothers weekend; however, I have the option to choose three additional weekend throughout the year. I have chosen this weekend to be one of my weekends. I have given her the obligatory two week notice. The problem comes by argument form the Mother, that my additional weekends are considered only (in her terms) "Regular Weekends" not to include the extended days.

The parenting plan does not give consideration to Four-day weekends.

Per Parenting Plan:
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"Three-day weekends not specified in the chart above shall be spent with the parent who would normally have that weekend and the weekend shall be extended by 24 hours."

"Father will have Three additional weekends per year.
In 2013 Father shall have one weekend prior to June 30,2013, a second weekend after July 1, 2013, and a third weekend prior to October 31, 2013. There is to be a minimum of two weeks advanced notice to Mother.

In 2014 and all years thereafter, Father shall have three extra weekends of visitation per year. One weekend between 1/1-4/30; one weekend between 5/1-8/31 and the third weekend between 9/1-12/31. The weekend cannot interfere or attach to the holiday schedule. Father must give Mother a minimum of two weeks advanced notice for the weekend."

Question:
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With the parenting plan not considering four-day weekends I have given up on convincing the mother that the full four day period should be considered as my visitation period. However, am I wrong to consider that the remainder of the three-day period be considered my visitation period?

I do plan on going to the courthouse tomorrow to see if the family law center can assist with this issue. But I am definitely looking for any help that can be given.

Thanks

 

[TheGeekess]

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

I am the Father. The Mother has 70% physical custody. This upcoming weekend is a holiday weekend attached to a in-service day for the teachers; giving the children a four-day weekend. This weekend would normally be the Mothers weekend; however, I have the option to choose three additional weekend throughout the year. I have chosen this weekend to be one of my weekends. I have given her the obligatory two week notice. The problem comes by argument form the Mother, that my additional weekends are considered only (in her terms) "Regular Weekends" not to include the extended days.

The parenting plan does not give consideration to Four-day weekends.

Per Parenting Plan:
-----------------------------------------------------------------
"Three-day weekends not specified in the chart above shall be spent with the parent who would normally have that weekend and the weekend shall be extended by 24 hours."

"Father will have Three additional weekends per year.
In 2013 Father shall have one weekend prior to June 30,2013, a second weekend after July 1, 2013, and a third weekend prior to October 31, 2013. There is to be a minimum of two weeks advanced notice to Mother.

In 2014 and all years thereafter, Father shall have three extra weekends of visitation per year. One weekend between 1/1-4/30; one weekend between 5/1-8/31 and the third weekend between 9/1-12/31. The weekend cannot interfere or attach to the holiday schedule. Father must give Mother a minimum of two weeks advanced notice for the weekend."

Question:
-----------------------------------------------------------------
With the parenting plan not considering four-day weekends I have given up on convincing the mother that the full four day period should be considered as my visitation period. However, am I wrong to consider that the remainder of the three-day period be considered my visitation period?

I do plan on going to the courthouse tomorrow to see if the family law center can assist with this issue. But I am definitely looking for any help that can be given.

Thanks

That is pretty clear. What does the 'chart' show? What is the holiday schedule?

 

[I'mTheFather]

Weekends, typically, in a visitation order: Friday beginning at 6, Saturday, Sunday ending at 6.

Weekends extended by 24 hours: Thursday beginning at 6, Friday, Saturday, Sunday ending at 6; or, Friday beginning at 6, Saturday, Sunday, Monday ending at 6.

Does your order give you Labor Day this year? Or does it give you an extra day when school isn't in session? If not, I don't see any reason that you would get 4 days.

 

[I'mTheFather]

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

I am the Father. The Mother has 70% physical custody. This upcoming weekend is a holiday weekend attached to a in-service day for the teachers; giving the children a four-day weekend. This weekend would normally be the Mothers weekend; however, I have the option to choose three additional weekend throughout the year. I have chosen this weekend to be one of my weekends. I have given her the obligatory two week notice. The problem comes by argument form the Mother, that my additional weekends are considered only (in her terms) "Regular Weekends" not to include the extended days.

The parenting plan does not give consideration to Four-day weekends.

Per Parenting Plan:
-----------------------------------------------------------------
"Three-day weekends not specified in the chart above shall be spent with the parent who would normally have that weekend and the weekend shall be extended by 24 hours."

"Father will have Three additional weekends per year.
In 2013 Father shall have one weekend prior to June 30,2013, a second weekend after July 1, 2013, and a third weekend prior to October 31, 2013. There is to be a minimum of two weeks advanced notice to Mother.

In 2014 and all years thereafter, Father shall have three extra weekends of visitation per year. One weekend between 1/1-4/30; one weekend between 5/1-8/31 and the third weekend between 9/1-12/31. The weekend cannot interfere or attach to the holiday schedule. Father must give Mother a minimum of two weeks advanced notice for the weekend."

Question:
-----------------------------------------------------------------
With the parenting plan not considering four-day weekends I have given up on convincing the mother that the full four day period should be considered as my visitation period. However, am I wrong to consider that the remainder of the three-day period be considered my visitation period?

I do plan on going to the courthouse tomorrow to see if the family law center can assist with this issue. But I am definitely looking for any help that can be given.

Thanks

Oh, I misread!

Still don't see why you'd get 4 days.

 

[dsarvey]

Oh, I misread!

Still don't see why you'd get 4 days.

Because the school considers the weekend to start after school ends on Thursday. Normal exchange is at pick up from the school for me. So if the children have a four day weekend and it is my weekend; would I be wrong, to count the in-service day and the holiday, as part of my weekend?

Hopefully that explains my logic... If I am way left field... cool I can accept it. It's just hard being dictated to.

Cheers

 

[dsarvey]

That is pretty clear. What does the 'chart' show? What is the holiday schedule?

Unfortunately that is part of the issue. Labor Day is not considered on the chart.

Thanksgiving
Christmas Break
Spring Break
Fourth of July
Summer Break

These are the only holidays considered on the court order. Everything else is left to the "Three-day weekends not specified in the chart above shall be spent with the parent who would normally have that weekend and the weekend shall be extended by 24 hours." rule.

So with the Mother and I not in agreement... it makes for a situations left to interpretation.

I believe that due to me having the option to chose additional weekends and the way the holiday schedule is written; if I chose a weekend that involves a three or four-day weekend the entirety of that weekend should be considered my time. Am I wrong?

Thanks!

 

[CJane]

The order is very specific and mentions 3-day weekends. It does not mention inservice days, or any other school break.

While I understand your desire, I think your interpretation is flawed.

 

[dsarvey]

While I desire the four-day... I completely understand that due to the parenting plan not providing guidance, all four days are out of the question.

I guess what I'm really questioning is my claim to the remaining three day's.

Thanks again for the guidance.

 

[dsarvey]

And then theres the wording "normally would have"... this weekend is one of my "additional weekends". So from my interpretation... I read that as the parent who has the children on that weekend would have the extension of 24 hours added to their time.

I feel so petty... but it has become a fight to spend time with my boys. I desire every hour that I can spend with them.

Thanks!

 

[LdiJ]

And then theres the wording "normally would have"... this weekend is one of my "additional weekends". So from my interpretation... I read that as the parent who has the children on that weekend would have the extension of 24 hours added to their time.

I feel so petty... but it has become a fight to spend time with my boys. I desire every hour that I can spend with them.

Thanks!

I actually think that you are a bit unfair in taking a holiday weekend as one of your "extra" weekends. In my opinion the clear spirit of your orders is that holiday weekends go to the parent who normally has that weekend, which would naturally even out over time, so that you each have a fair share of those holiday weekends. By taking a holiday weekend as one of your extras, you are usurping mom's share of those holiday weekends.

I suspect that what is going to happen is that you will end up back in court, to have a new holiday schedule drawn up so that you may no longer do that. In fact, I am not at all sure that mom would even be considered to be in violation of the orders had she refused that particular weekend to you entirely.

 

[I'mTheFather]

In fact, I am not at all sure that mom would even be considered to be in violation of the orders had she refused that particular weekend to you entirely.

I disagree, only because the order does not address Labor Day as a holiday.

And then theres the wording "normally would have"... this weekend is one of my "additional weekends". So from my interpretation... I read that as the parent who has the children on that weekend would have the extension of 24 hours added to their time.

I feel so petty... but it has become a fight to spend time with my boys. I desire every hour that I can spend with them.

Thanks!

Your court order differentiates between weekends and 3-day weekends. It entitles you to additional weekends, not additional 3-day weekends. The school's definition of weekend doesn't matter.

This weekend is not your normal weekend; therefore, there is no stipulation that you get the third day. In my opinion, mom still gets Labor Day and the Friday isn't even a consideration.