• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help Please!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

CJane

Senior Member
Okay they also sent me a calendar and this is how they have it layed out:

Secondary Parent's Days: (from thier calendar)
11/1-11/4
11/8
11/15-11/18
11/20-11/25 (since they get them thanksgiving from the end of school until the resumption of school) Which this weekend would actually be mine
11/29-/12/2

Therefore I only get them 1 weekend in the month of november.
That's correct.

BUT, if you have them for a holiday on HIS weekend, you give up the following weekend to HIM. And yes, it's because you're primary... he'll still get his 2 weekends/month with the kids... and sometimes 3... but you won't get 3 and him only 1.
 


Ohiogal

Queen Bee
I am going to disagree with EVERYONE here. At least the first 10 posts I have read.

It states as follows: Holidays: Holiday time with the child(ren) preempts normal weekday, weekend and summer time with the child(ren). The normal weekend rotation resumes immediately following holiday interruption. Thus for example, if the Primary Residential Parent has a weekend with the child(ren) and the following weeked, which would normally be the Secondary Residential Parent's weekend with the child(ren), is a holiday (the Secondary Residential Parent's holiday with the child(ren)), then the weekend following the holiday, the Secondary Residential Parent will have normal weekend time with the child(ren).
Here is what is happening.
November
10 11
17 18 Primary' parents
24 25 Secondary Parent's HOWEVER IT IS SECONDARY PARENT's HOLIDAY so then

December
1 2 this becomes SP's weekend
8 9 Primary's weekend
14 15 SP's weekend
22 23 Primary's unless this part of a holiday
29 30 Sp's weekend

Doing it this way NO ONE gets three weekends in a row. THAT is what the wording of this agreement states. It is done this way so that no parent gets three weekends. It makes sense though it should be written a lot more clearer. However that is what the wording means if you break it down.
 

Ohiogal

Queen Bee
That's correct.

BUT, if you have them for a holiday on HIS weekend, you give up the following weekend to HIM. And yes, it's because you're primary... he'll still get his 2 weekends/month with the kids... and sometimes 3... but you won't get 3 and him only 1.
WRONG WRONG WRONG. Break it down CJane. Break it down. This is designed so that NEITHER parent ends up with three weekends in a row. No parent gets more than two weekends in a row.
 

Ohiogal

Queen Bee
So since his hooliday falls on my weekend (and he takes my weekend) than the weeked following his holiday (which would be his if there was no holiday) will actually be my weekend with the children, correct??? And if that's the case than the weekends flip until another holiday flips them back.

I AM STILL CONFUSEDDDDDDDDDDDDD
No. This is set up so that the holiday time preempts regular time not overrides it. The example proves that. So if the holiday is normally your time, you get the following weekend because the regular cycle begins then.
 

Ohiogal

Queen Bee
I think you just lose the weekend altogether. So, it sounds like dad gets three weekend in a row, if I read that right.
NO. That is what would happen if the holiday time OVERRODE regular time. But it doesm't. IT PREEMPTS IT. The word is pre-empt. How did all of you miss that?
 

Ohiogal

Queen Bee
November
10 11
17 18
24 25

December
1 2
8 9
14 15
22 23
29 30

Your weekends are BOLDED

You "lose" your weekend to the Thanksgiving holiday

Secondary has them 3 in a row... Thanks Ginny
NO Secondary NEVER has them 3 in a row and neither does primary. Because holidays PRE-EMPT the schedule. They become a BREAK in the normal schedule. Hence if the holiday weekend is taken OUT then the schedule is still normal. Take the holiday weekends out of the equation. Alternate the others. Now you got it. Then stick the holiday weekends back in the schedule. And you will see that NO parent has the children more than two weekends in a row.
 

Ohiogal

Queen Bee
Okay they also sent me a calendar and this is how they have it layed out:

Secondary Parent's Days: (from thier calendar)
11/1-11/4
11/8
11/15-11/18
11/20-11/25 (since they get them thanksgiving from the end of school until the resumption of school) Which this weekend would actually be mine
11/29-/12/2

Therefore I only get them 1 weekend in the month of november.
NOpe. He is trying to give himself an extra weekend. DO NOT FALL FOR IT.
 

Bloopy

Senior Member
Ohiogal
I’m not arguing with you… I’m just honestly having a thick, ESL moment. Maybe pre-empt means something more specific in legalese.

Pre-empt
1 : to acquire (as land) by
2 : to seize upon to the exclusion of others : take for oneself <the movement was then preempted by a lunatic fringe
3 : to replace with something considered to be of greater value or priority : take precedence
4 : to gain a commanding or preeminent place in
5 : to prevent from happening or taking place

Foreverafamily- Isn’t the weekend of the 17th & 18th Secondary’s? That’s why the weekend of the 24th & 25th was yours except for Thanksgiving getting in the way. What was in question is what to do the following weekend.

Ohiogal is a killer lawyer and her “vote” is the only one that counts at this point.
 

Ohiogal

Queen Bee
Ohiogal
I’m not arguing with you… I’m just honestly having a thick, ESL moment. Maybe pre-empt means something more specific in legalese.

Pre-empt
1 : to acquire (as land) by
2 : to seize upon to the exclusion of others : take for oneself <the movement was then preempted by a lunatic fringe
3 : to replace with something considered to be of greater value or priority : take precedence
4 : to gain a commanding or preeminent place in
5 : to prevent from happening or taking place

Foreverafamily- Isn’t the weekend of the 17th & 18th Secondary’s? That’s why the weekend of the 24th & 25th was yours except for Thanksgiving getting in the way. What was in question is what to do the following weekend.

Ohiogal is a killer lawyer and her “vote” is the only one that counts at this point.

I stand by what I said due to the wording of OPs court order! Using the example I have explained WHY what I believe is right and everyone is wrong. I understand your definition and it applies but the example in OPs papers explains HOW it applies. It is ALL important.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top