Question about the 5th Weekend

[Calimom3]

What is the name of your state? California

My current CO states that I have the 1st, 2nd and 4th weekend of the month, my EH having the 3rd and 5th during the school year with our exchange time starts at 4:00 PM on Friday. While our CO doesnt specifically state that the weekends start on Friday, it is implied that the weekends start on Friday since that is when the exchange time is stated. We have never dealt with a month ending on a Friday before, but it is my understanding that this is considered the 5th weekend of the month, because our exchanges happen on a Friday and Friday is November 30th.

Now, here is the issue, since this weekend could or will be considered the 5th weekend, and next weekend, wouldn't the weekend of 12/8 be considered the 1st weekend of December? And wouldn't that mean that the weekend of 12/15 is considered the 2nd weekend?

This will be an issue going forward and I want make sure that I have all my facts correct when I deal with this.

Thank you in advance

 

[yolandanewell]

Aren't standard orders

1st and 3rd to dad --- second and 4th to mom with alternating every 5th weekend?

There must have been some agreement during mediation that changed this.. Maybe I'm wrong... after having dealt with custody orders now for 18 plus years with my own children.. it's always been the standard schedule that I mentioned.

If you guys cannot agree - have the order modified -- we're never bound in cement to those orders if a reasonable agreement can be made... try that first.

 

[LdiJ]

What is the name of your state? California

My current CO states that I have the 1st, 2nd and 4th weekend of the month, my EH having the 3rd and 5th during the school year with our exchange time starts at 4:00 PM on Friday. While our CO doesnt specifically state that the weekends start on Friday, it is implied that the weekends start on Friday since that is when the exchange time is stated. We have never dealt with a month ending on a Friday before, but it is my understanding that this is considered the 5th weekend of the month, because our exchanges happen on a Friday and Friday is November 30th.

Now, here is the issue, since this weekend could or will be considered the 5th weekend, and next weekend, wouldn't the weekend of 12/8 be considered the 1st weekend of December? And wouldn't that mean that the weekend of 12/15 is considered the 2nd weekend?

This will be an issue going forward and I want make sure that I have all my facts correct when I deal with this.

Thank you in advance

Yes, if this coming weekend would be considered to be the 5th weekend of the month, then 12/8 and 12/15 would be the first and second weekends of December. Personally, I think it would be very iffy that this weekend would be considered to be a 5th weekend. However, if you agree that it is...just make sure that the other parent is of the same mindset.

 

[Ohiogal]

Yes, if this coming weekend would be considered to be the 5th weekend of the month, then 12/8 and 12/15 would be the first and second weekends of December. Personally, I think it would be very iffy that this weekend would be considered to be a 5th weekend. However, if you agree that it is...just make sure that the other parent is of the same mindset.

Why is it iffy? The weekends start on Friday in these situations. This is the fifth friday apparently in November so therefore the fifth weekend. the 7th would be the first weekend in December.

 

[LdiJ]

Why is it iffy? The weekends start on Friday in these situations. This is the fifth friday apparently in November so therefore the fifth weekend. the 7th would be the first weekend in December.

If you look at a calendar for December, it seems to be the month that more clearly has a fifth weekend. However, if this coming weekend is taken as a November weekend, then it does not. December has 5 saturdays and 5 sundays.

 

[profmum]

What is the name of your state? California

My current CO states that I have the 1st, 2nd and 4th weekend of the month, my EH having the 3rd and 5th during the school year with our exchange time starts at 4:00 PM on Friday. While our CO doesnt specifically state that the weekends start on Friday, it is implied that the weekends start on Friday since that is when the exchange time is stated. We have never dealt with a month ending on a Friday before, but it is my understanding that this is considered the 5th weekend of the month, because our exchanges happen on a Friday and Friday is November 30th.

Now, here is the issue, since this weekend could or will be considered the 5th weekend, and next weekend, wouldn't the weekend of 12/8 be considered the 1st weekend of December? And wouldn't that mean that the weekend of 12/15 is considered the 2nd weekend?

This will be an issue going forward and I want make sure that I have all my facts correct when I deal with this.

Thank you in advance

Nov 30th is the start of the fifth weekend in Nov and Dec 7th is the start of the first weekend in Dec, when in doubt, go with the more conservative option that is going to benefit the NCP ... goes a long way in maintaining a healthy relationship!

 

[faithnlve]

Why wouldn't you just agree to every other weekend? That way by the end of the year you both have the same number of weekends. Faith

 

[Zigner]

What I'm amazed at is that our OP couldn't work this out amicably given this only happens 4 times a year...

 

[Halls]

this coming weekend is the 5th weekend. If your court order states his weekend visitation starts on a Friday and this Friday is the 30th than that makes it a 5th weekend, regardless of if the next day is the 1st of December or not.

My sons father has 1st,3rd, and 5th weekends of the month. I've been doing this for 5 years now and it was very easy for me to figure out that this coming weekend is the 5th.

Weekends start on Fridays and as long as the month hasn't ended yet on the Friday than it becomes the 5th weekend.

 

[ProSeDadinMD]

Why wouldn't you just agree to every other weekend? That way by the end of the year you both have the same number of weekends. Faith

I agree with this completely. I don't even want to imagine the BS I'd have to endure from The Ex over a schedule that was worded in a manner that numbered the weekends

 

[Halls]

I agree with this completely. I don't even want to imagine the BS I'd have to endure from The Ex over a schedule that was worded in a manner that numbered the weekends

Here in Texas it is standard that the NCP has 1st, 3rd, and 5th weekends of the month. The CP gets 2nd and 4th, so in the end the NCP actually gets more weekends than the CP. I guess it is Texas's way of giving the NCP more time with the child. My sons father and I were given the standard of possession by the court. My sons father didn't ask for any more than that and said he didn't want anything more than that so it worked out for us to have that schedule. It has worked out fine. It isn't that hard to figure out what a 5th weekend is. Of all the 5 years not once has it confused me or my sons father. I think this poster just doesn't want to send the child to dads and is looking for an out.

 

[escape2paradise]

I agree with this completely. I don't even want to imagine the BS I'd have to endure from The Ex over a schedule that was worded in a manner that numbered the weekends

In WA state the numbered weekends is standard. From what I understand, the court is trying to avoid conflict for those situations where the NCP isn't necessarily consistent, skips weekends, months here and there etc... and then pops back in and says it is their weekend. Saves having to go back and figure out when the last weekend visit was and counting up. For example, with numbered weekends it doesn't matter if the last visit was 10 months ago if NCP has 1, 3 & 5th no figuring needed.

 

[escape2paradise]

Here in Texas it is standard that the NCP has 1st, 3rd, and 5th weekends of the month. The CP gets 2nd and 4th, so in the end the NCP actually gets more weekends than the CP. I guess it is Texas's way of giving the NCP more time with the child. My sons father and I were given the standard of possession by the court. My sons father didn't ask for any more than that and said he didn't want anything more than that so it worked out for us to have that schedule. It has worked out fine. It isn't that hard to figure out what a 5th weekend is. Of all the 5 years not once has it confused me or my sons father. I think this poster just doesn't want to send the child to dads and is looking for an out.

I don't get that the OP is looking not to send the child. OP is trying to make sure she is correct that this coming weekend is in fact dad's weekend.

 

[mommyof4]

Well, it is.

Now, let's look at this a different way. If she is still not completely convinced that this is the 5th weekend...what's the harm in just agreeing to the visitation anyway?

 

[qurice]

I also have a standard TX order and would not interpret this weekend as being a 5th weekend.

Maybe I just don't get it, but to me Sat. Dec 1st and Sunday Dec. 2nd is the first weekend in Dec.

Then again, my ex and I don't follow our order as far as visitation goes. I have the children every weekend except the 3rd weekend of the month since I am scheduled to work that weekend, which coincidentally, my employer says is Dec 15th and 16th.