Question about the 5th Weekend

[Calimom3]

Thank you for the input

This was an agreement that was recommended by a custody evaluator and agreed upon by both parties. Yes, this was a move away case where I moved 40 miles away, and we share joint physical and legal custody, however, our time split is my EH has our children during the school year during the week and they are with me on Weds. and the 1st, 2nd and 4th weekends during the month. This agreement has been in place for a little over a year, and this is the 1st time we have had to deal with this situation. Usually, the 5th weekend has been more clearly defined.

It wouldn't be me not wanting to send the children for a visit, but I could see it could be my EH. I am looking for information in the event he doesn't send them this weekend for a visit and then wants to claim that the weekend of 12/15 wouldn't be my weekend either because it's could be considered the 3rd weekend.

 

[sunshine32]

Yes this weekend is considered the 5th weekend of the month.

 

[Halls]

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.

Your wrong, the weekend visitation starts on a Friday and since Friday is still in November than it becomes the 5th weekend regardless of what Sat and Sunday's dates are. I've been around this issue a lot. My lawyer explained this to me in fine detail as well as the judge the day of my trial back in 2002 out of Dallas County.

 

[qurice]

I found this PDF, and it states The first weekend of the month is the first weekend with a Saturday which would make this weekend the first weekend in Dec.

This was for OPs state so I think she should definately double check with someone local to be sure.

http://www.courtinfo.ca.gov/forms/fillable/fl341.pdf

 

[jbowman]

I live in CA and I had this same sort of order of 10 years until it was modified this past Jan.

In our case, if the 1st fell on Friday or Saturday, that would be the first weekend of the month. In the 1st fell on Sunday or anytime thereafter, then the Friday before was the fifth weekend. Does that make sense?

 

[qurice]

I live in CA and I had this same sort of order of 10 years until it was modified this past Jan.

In our case, if the 1st fell on Friday or Saturday, that would be the first weekend of the month. In the 1st fell on Sunday or anytime thereafter, then the Friday before was the fifth weekend. Does that make sense?

Yes it does.

 

[Calimom3]

Thanks again for the assistance....

I found this PDF, and it states The first weekend of the month is the first weekend with a Saturday which would make this weekend the first weekend in Dec.

This was for OPs state so I think she should definately double check with someone local to be sure.

http://www.courtinfo.ca.gov/forms/fillable/fl341.pdf

Thanks for posting this.....

I live in CA and I had this same sort of order of 10 years until it was modified this past Jan.

In our case, if the 1st fell on Friday or Saturday, that would be the first weekend of the month. In the 1st fell on Sunday or anytime thereafter, then the Friday before was the fifth weekend. Does that make sense?

.... and thanks jbowman... that makes perfect sense**************

 

[ProSeDadinMD]

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

All these different answers about what weekend is what is precisely why I, personally, would never agree to this numbered weekend business.

 

[escape2paradise]

As petty as this may seem you may want to get your attorney or old attorney to clarify this. I know with my X I would have to. He is the type to agree to something when it suits him and then 5 min. later deny he ever agreed. If your X is the reasonable type maybe you can skip this and come to an agreement on what day defines the start of a weekend.

 

[escape2paradise]

All these different answers about what weekend is what is precisely why I, personally, would never agree to this numbered weekend business.

It really is made more difficult than necessary when the weekend starts is not clarified in the OP's order. If it is clarified it is no problem.

In the long run, the numbered weekend system really covers more potential problems than the EOW. It clarifies for the police who is to have what weekend. My X can't say it's his weekend if the order states 1 & 3 and it is the 2nd weekend. In an EOW weekend situation, one party or the other can make any claim they like. Also, in an EOW situation either party can withhold the child and then claim they really thought it was their weekend when it was not. In that situation a contempt charge would be hard to show as the "willful" requirement for contempt is out the window. After all it can't be willful if the party really thought it was their weekend, prove they knew it was not.

 

[Halls]

All these different answers about what weekend is what is precisely why I, personally, would never agree to this numbered weekend business.

And the fact that some states say a weekend starts Fri. or Sat. maybe it is best to just do every other weekend and that would resolve it all.

 

[wileybunch]

In NV, weekends are counted by Saturday dates even if visitation starts on Friday (unless otherwise specified).

 

[wileybunch]

All these different answers about what weekend is what is precisely why I, personally, would never agree to this numbered weekend business.

Husband now has his clarified that weekends are according to the Friday for just this purpose. If it suited his ex, she would count the weekend by Sunday date (even though NO ONE counts it by Sunday, just b/c she wanted to manipulate the dates she had kids).

In the first order, they have "every other weekend" and I forget what issue arose from that (her game playing), but that was clarified to numbered weekends and then subsequently to it specifically being counted as of Friday. Makes it so much easier when these things are perfectly specific.

 

[escape2paradise]

And the fact that some states say a weekend starts Fri. or Sat. maybe it is best to just do every other weekend and that would resolve it all.

It doesn't resolve it all. As I stated earlier there are other scenarios that are much better covered in a PP by stating EXACTLY who gets what weekend. You just can't cover your bases legally with an EOW agreement. Maybe someone else knows different but I don't see how an EOW weekend keeps you away from your word vs. your X's. Personally I don't want to go there with mine, cause he will undermine everytime.

 

[escape2paradise]

Husband now has his clarified that weekends are according to the Friday for just this purpose. If it suited his ex, she would count the weekend by Sunday date (even though NO ONE counts it by Sunday, just b/c she wanted to manipulate the dates she had kids).

In the first order, they have "every other weekend" and I forget what issue arose from that (her game playing), but that was clarified to numbered weekends and then subsequently to it specifically being counted as of Friday. Makes it so much easier when these things are perfectly specific.

Exactly! Not hard either, as long as it is clear which day starts the weekend and it is spelled right out in the order.