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Alernating x-mas visitation ???

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T

texh

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? TX kids in IA

Dad lives in Tx, but kids in IA with mom and stepdad. Court order reads in paragraph b:

"Christmas break visitation in alternating years commencing with petitionor (dad) in 2002 from dec 22....etc."

Paragraph n states any other visitation the parties mutally agree on.

In 2002 (the year of the order), mom had other plans for x-mas so we agreed to have them here for x-mas starting in 2003, instead.

Been calling mom to set-up our x-mas visit since we assumed we were entitled to alternating years. We had them in '03, and so assumed '05 would be our next x-mas.

But mom is saying no way. She says she did us a favor in '03 (forgetting we did her a favor in '02, I guess), and she says the court only allows x-mas in even years, not odd. Our position is that the order just says alternating years and since '03 was first mutally agreed x-mas visit, '05 should be next.

Any advice?
 


I

I AM ALWAYS LIABLE

Senior Member
texh said:
What is the name of your state?What is the name of your state?What is the name of your state? TX kids in IA

Dad lives in Tx, but kids in IA with mom and stepdad. Court order reads in paragraph b:

"Christmas break visitation in alternating years commencing with petitionor (dad) in 2002 from dec 22....etc."

Paragraph n states any other visitation the parties mutally agree on.

In 2002 (the year of the order), mom had other plans for x-mas so we agreed to have them here for x-mas starting in 2003, instead.

Been calling mom to set-up our x-mas visit since we assumed we were entitled to alternating years. We had them in '03, and so assumed '05 would be our next x-mas.

But mom is saying no way. She says she did us a favor in '03 (forgetting we did her a favor in '02, I guess), and she says the court only allows x-mas in even years, not odd. Our position is that the order just says alternating years and since '03 was first mutally agreed x-mas visit, '05 should be next.

Any advice?
Click to expand...


My response:

Congratulations on being the first Christmas question for the 2005 season on FreeAdvice. I guess the floodgates will now be open. We get these, and other holiday, questions every single year. Nobody learns to use the "search" function at the very top of these pages. Everybody, like yourself, thinks their holiday question is the one, unique, question that no one has ever asked before. Wrong!

Surprisingly, though, we haven't received any "Halloween" questions yet, like we normally do around here - - or even the topical "Thanksgiving" questions.

You know what to do.

IAAL
 
Last edited:
B

betterthanher

Guest
texh said:
What is the name of your state?What is the name of your state?What is the name of your state? TX kids in IA

Dad lives in Tx, but kids in IA with mom and stepdad. Court order reads in paragraph b:

"Christmas break visitation in alternating years commencing with petitionor (dad) in 2002 from dec 22....etc."

Paragraph n states any other visitation the parties mutally agree on.

In 2002 (the year of the order), mom had other plans for x-mas so we agreed to have them here for x-mas starting in 2003, instead.

Been calling mom to set-up our x-mas visit since we assumed we were entitled to alternating years. We had them in '03, and so assumed '05 would be our next x-mas.

But mom is saying no way. She says she did us a favor in '03 (forgetting we did her a favor in '02, I guess), and she says the court only allows x-mas in even years, not odd. Our position is that the order just says alternating years and since '03 was first mutally agreed x-mas visit, '05 should be next.

Any advice?
Click to expand...
Please note the boldfaced parts I noted in your post. The order clearly specifies the Christmas holiday situation.

It doesn't really matter what you two agreed upon outside of the order signed by a Judge. Mom gets them this year. Just keep that in the back of your mind next time she asks you for a favor.
 
B

betterthanher

Guest
I AM ALWAYS LIABLE said:
My response:

Congratulations on being the first Christmas question for the 2005 season on FreeAdvice. I guess the floodgates will now be open. We get these, and other holiday, questions every single year. Nobody learns to use the "search" function at the very top of these pages. Everybody, like yourself, thinks their holiday question is the one, unique, question that no one has ever asked before. Wrong!

Surprisingly, though, we haven't received any "Halloween" questions yet, like we normally do around here - - or even the topical "Thanksgiving" questions.

You know what to do.

IAAL
Click to expand...
Whaaaaaaattt?! You don't get any on who gets who on Yom Kippur? :D
 
T

texh

Junior Member
Sorry and thanks

Sorry to "I AM ALWAYS LIABLE" I am new and didn't even see the search function.

Thank you "betterthanher" for your advise. I just wonder what she would have said if we asked for them in 2004--It would have been "too bad you had them last year". But you're right about being careful about favors. Hard lesson learned, I guess.
 
I

I AM ALWAYS LIABLE

Senior Member
betterthanher said:
Whaaaaaaattt?! You don't get any on who gets who on Yom Kippur? :D
Click to expand...

My response:

Oh, we get a few every now and again, and even a few Chakakan questions. I'm surprised that we haven't had any "Arbor Day" questions though. I guess no one appreciates trees any more.

IAAL
 
B

BL

Senior Member
Crap .. Ya know what , you have diarrhea of the order , You MUST abide by the Orders , He dun ( not tires) give you a Favor .

Send the Kids or face Contempt ..
 
I

I AM ALWAYS LIABLE

Senior Member
Rushia said:
Actually we had a Halloween...

https://forum.freeadvice.com/showthread.php?t=277318
Click to expand...

My response:

Well, yes, and mostly no. It's not really about Halloween, per se. It just happens to mention Halloween. It could, theoretically, be about any "holiday" (Halloween is not a holiday, by the way). So, substitute "Arbor Day" for Halloween, and all you've got is your basic bitching about visitation - - which has nothing specifically to do with Halloween. Just another, selfish, woman who wishes her ex would "go away."

IAAL
 
V

Veronica1228

Senior Member
I AM ALWAYS LIABLE said:
My response:

Oh, we get a few every now and again, and even a few Chakakan questions.
IAAL
Click to expand...
What's Chakakan? Did you mean the singer Chaka Khan? We get questions here from Chaka Khan??? That is so cool! :D
 
R

Rushia

Senior Member
I AM ALWAYS LIABLE said:
My response:

Well, yes, and mostly no. It's not really about Halloween, per se. It just happens to mention Halloween. It could, theoretically, be about any "holiday" (Halloween is not a holiday, by the way). So, substitute "Arbor Day" for Halloween, and all you've got is your basic bitching about visitation - - which has nothing specifically to do with Halloween. Just another, selfish, woman who wishes her ex would "go away."

IAAL
Click to expand...
Yeah, I know. I wish I had these problems with my x. I'd rather deal with him. I have grandparents who think that they have first dibs on my kids time over anyone, that includes me. Now I have to go defend my rights to my children over these stupid people. Oh well, enough venting and hijacking. Sorry OP.
 
I

I AM ALWAYS LIABLE

Senior Member
Veronica1228 said:
What's Chakakan? Did you mean the singer Chaka Khan? We get questions here from Chaka Khan??? That is so cool! :D
Click to expand...

My response:

I had to blend the name together because the word Chanukah (or Hannukah) is all one word.

IAAL
 
W

Wayne POTZ

Member
I AM ALWAYS LIABLE said:
My response:

Oh, we get a few every now and again, and even a few Chakakan questions. I'm surprised that we haven't had any "Arbor Day" questions though. I guess no one appreciates trees any more.

IAAL
Click to expand...
RMET likes trees!
 
B

BL

Senior Member
And I at 50 and Male , haven't grown out of Stilettos .. LOl , at least not Mags and Movies !! :D
 
T

texh

Junior Member
Huh?

Blonde Lebinese said:
Crap .. Ya know what , you have diarrhea of the order , You MUST abide by the Orders , He dun ( not tires) give you a Favor .
Send the Kids or face Contempt ..
Click to expand...

I don't understand what you're saying. "He dun (not tires) ???? give you a favor?" If you're saying the "favors" traded a couple of years ago don't matter to the order, I understand that and as I said up thread it has taught us a hard lesson!

"Send the kids or face contempt"? Send them where? She has physical custody, dad is asking her to let him bring them here for x-mas visitation.

I guess it was stupid to trade out years with the first x-mas visit. Dad will just excercise Thanksgiving this year, and x-mas next. Sucks to miss two christmases in a row but the bright side is dad will get to see them a month sooner.
 
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