Summer Visitation Help!

[wnbama]

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

Hello All, I know it's been a while since I've been here...but we all knew it was only time before I was back The Tweedles are up to it again.
Sorry guys this one might be long.

So for anyone that doesn't know my case here are the links to the history.
https://forum.freeadvice.com/child-custody-visitation-37/visitation-guidelines-419744.html

https://forum.freeadvice.com/child-custody-visitation-37/step-mother-hell-going-slong-393569.html


This is what our CO states:

SUMMER VACATION: The NON-CUSTODIAL PARENT shall have visitation for five weeks each summer. Summer visitation shall be taken in increments of no greater than two (2) weeks (14 days) or less than one (1) week (7 days), unless otherwise agreed, and shall not be extended because other visitation days fall within the chosen summer visitation weeks. The NON-CUSTODIAL PARENT shall give the CUSTODIAL PARENT written notice of summer visitation plans between March 1 and April 1 of each year. The NON-CUSTODIAL PARENT has priority of choice of summer visitation dates if notice is given as required and unless the CUSTODIAL PARENT’S vacation is an annual mandatory shut-down of the place of employment. If no notice is given by April 1, the CUSTODIAL PARENT has priority in the scheduling of any summer vacation plans and the NON-CUSTODIAL PARENT may choose only those weeks in which the CUSTODIAL PARENT is not scheduled to be out of town on vacation with the Child. Each parent shall provide the other parent with destination, times of departure and arrival, method of travel and telephone number where the parent can be reached in case of an emergency when taking the children outside the parent's community.

Mr. Tweedle has sent me a letter stating some his 5 weeks.I do not have a problem with any of the weeks he has picked. I wrote him back to clarify as to what day/time he is wanting them to start and that is when it all went south!

First he put this:
Thursday, May 21, 2009, - Sunday, May 31, 2009
Monday, July 27, 2009 – Wednesday, August 5, 2009

I send back this:
Thursday, May 21, 2009, - Sunday, May 31, 2009 (11 Days) Are you stating you want to get him at 6pm on Thursday or at 6pm on Wednesday and deliver him back to me on Sunday at 6pm (that is already your weekend 5th weekend)?

Monday, July 27, 2009 – Wednesday, August 5, 2009 – (10 Days) – Are you stating you want to get him at 6pm on Monday or 6pm on Sunday (This is not your weekend, it’s the 4th weekend) and deliver him back to me on Wednesday at 6pm?

You state that the above is 2 weeks, where as they are actually total of 21 days. This comes to a total of 3 weeks. Please clarify the above so I can mark the calendar accordingly.

He then send back:
As far as the summer dates they happen to fall within my weekend but that cannot be helped.Just so you understand here are the dates:
May 20 thru May 27 at 6pm (7 days)
July 22 thru July 29 at 6pm (7 days)
Now do you understand how this is only 2 weeks!

Please note the above is now differant dates than the first letter.

He then asked me this:
I will let you know the other 3 weeks when I get time. I may and take them and break them up for the rest of the summer. When will you be going on vacation with son?

I then sent him back:
We are going to the beach July 2-6, 2009. Other than those dates, right now at the moment we have no other plans for the summer. Just let me know your other weeks.

He then sent back:
You can't take him to the beach that weekend..it's my weekend, please see attached calendar.

(He also added another week in the last letter)
June 8-12 Leaving at 6am and returning late on the 12th, reservations have been made and hotel paid for we are not changing this for you.

I have not replied to this last letter

This is where I need your help. First I do not have to take my son with me to the beach HOWEVER...if I am reading the CO correct (I could be wrong) He get priority provide he give me notice by April 1 (I do realize that is tomorrow) If he doesn't, can I take any weeks that are left as my vacation time with my son?

This one might be for OG: I changed the wording of the summer visitation and dropped out the word 35 days and changed it to state only 5 weeks. Now, with that being said how do I calulate his weeks if they are not doing normal weeks? (see above) Do I include his weekends?

Any advice would helpful!! Thanks!

 

[TheGeekess]

Son is in school? I can't remember if he's 5 or 6 years old. Blount's last day of school is May 28, and IIRC, St. Clair isn't much different. School's been starting the first week of August, too.

I'd email him back one more time...

Dufus:
From what I understand, this is the summer visitation schedule:

You:
Week 1: May 20 thru May 27 at 6pm (7 days)
Week 2: June 8-12 Leaving at 6am and returning late on the 12th*
Week 3: July 22 thru July 29 at 6pm (7 days)

Does this mean that you will be picking Junior up at 6 PM on the start of your weeks and dropping him off at 6 PM at the end of your time?

How late are you planning on returning June 12?

Please let me know so I can plan my vacation time.

*(June 12 is your weekend, wnbama.)

 

[wnbama]

Son is in school? I can't remember if he's 5 or 6 years old. Blount's last day of school is May 28, and IIRC, St. Clair isn't much different. School's been starting the first week of August, too.

I'd email him back one more time...



*(June 12 is your weekend, wnbama.)

(Hey TheGeekess! I hope all is well with you!)

He's 7, 2nd Grade...St. Clair County gets out of school on May 20th and goes back Aug. 6th..so that's not a problem.

Also the way Mr.Tweedle is taking the "weeks" is not helping with summer daycare. I still have to pay for a full week. According to him it is helping me out by doing the weeks like this???

I thought when I did this up it would mean Weeks: Sunday-Sat (7days) Or Atleast Monday-Sun (7days)...I tried so hard to make this so there was no problems...guess I missed a few items!

[Just a side note, I know it has nothing to do with visitation BUT He quit the good job to go work at Bass Pro Shops with no insurance. Had not paid CS in 3 months, I got IWO started again....and I got a check just the other day for a small amount. The CS being garished was around the same time the letters started getting nastier, I assume that is why he is being such a pain my BUTT...LOL]

 

[CJane]

I thought when I did this up it would mean Weeks: Sunday-Sat (7days) Or Atleast Monday-Sun (7days)...I tried so hard to make this so there was no problems...guess I missed a few items!

A week is any 7-day period. If he gets 5 weeks, he gets 35 days.

I don't know how TX does it, honestly. But in MY world, if my weekend was May 1-3 and I picked a week of 'vacation' with my kids from May 3 @ 8pm until May 10 @ 8pm. I wouldn't forfeit my previous weekend. I'd just get the kids from May 1 @ 9am until May 10 @ 8pm.

If Dad is bracketing his weeks w/one of his weekends, that's his choice. HOWEVER, if say Independence Day is YOUR holiday this year and he chooses the first week in July as his week, YOU still get the 4th, and he doesn't get to tack extra days on the end of his time.

 

[TheGeekess]

A week is any 7-day period. If he gets 5 weeks, he gets 35 days.

I don't know how TX does it, honestly. But in MY world, if my weekend was May 1-3 and I picked a week of 'vacation' with my kids from May 3 @ 8pm until May 10 @ 8pm. I wouldn't forfeit my previous weekend. I'd just get the kids from May 1 @ 9am until May 10 @ 8pm.

If Dad is bracketing his weeks w/one of his weekends, that's his choice. HOWEVER, if say Independence Day is YOUR holiday this year and he chooses the first week in July as his week, YOU still get the 4th, and he doesn't get to tack extra days on the end of his time.

Neither do we, considering OP is in Alabama and there isn't any standard visitation codified by the state.

 

[wnbama]

A week is any 7-day period. If he gets 5 weeks, he gets 35 days.
I don't know how TX does it, honestly. But in MY world, if my weekend was May 1-3 and I picked a week of 'vacation' with my kids from May 3 @ 8pm until May 10 @ 8pm. I wouldn't forfeit my previous weekend. I'd just get the kids from May 1 @ 9am until May 10 @ 8pm.

If Dad is bracketing his weeks w/one of his weekends, that's his choice. HOWEVER, if say Independence Day is YOUR holiday this year and he chooses the first week in July as his week, YOU still get the 4th, and he doesn't get to tack extra days on the end of his time.

I'm in Alabama not Texas.

I am so lost.....We took the 35 days out so that he couldn't block his weekends with his summer visitation, we did it in weeks. NOW it's still a problem. So in the case above, that would be 10 days correct? {May 1st-10th}

 

[LdiJ]

Some food for thought....

Are you sure that dad still gets normal weekends over the summer? It sounds to me like you are dividing the summer in half, and if so, that normally would mean that you get an equal amount of uninterrupted time with the child.

In my state judges are pretty adamant that one week is 7 days long, and is not to be piggybacked with a regular weekend, but is to include the regular weekend...therefore a week would either start or end with the regular weekend.

 

[wnbama]

Some food for thought....

Are you sure that dad still gets normal weekends over the summer? It sounds to me like you are dividing the summer in half, and if so, that normally would mean that you get an equal amount of uninterrupted time with the child.

In my state judges are pretty adamant that one week is 7 days long, and is not to be piggybacked with a regular weekend, but is to include the regular weekend...therefore a week would either start or end with the regular weekend.

Can you give me an example of this? I think what you are saying IS what I am thinking it should be...

 

[LdiJ]

Can you give me an example of this? I think what you are saying IS what I am thinking it should be...

Dad's regular weekend is Friday June 26th to Sunday June 28th. Therefore dad's week should either begin Friday June 26th and end Friday July 3rd, or should begin Sunday evening June 28th and end Sunday evening June 28th.

In other words, instead of dad having only 5 weekends during the summer, (1/2 of the weekends) those weekends stretch into full weeks.

Edit to add: Those were made up dates for the purpose of the example.

 

[CJane]

K, don't know where i got TX... that's what I get for posting on my lunch break.

We now know that in MO, you'd get to tack on the extra weekend days to your 7, and in IN you wouldn't. Which isn't exactly helpful to you.

Our new order says that we each get 3 2-week uninterrupted periods. Which to me says that the normal weekend visits are suspended and we do a 2wk on/2wk off schedule w/the kids from the time school gets out until it resumes.

I THINK you might be right though, that dad can't block it between his weekends and end up with 9 days instead of 7 due to this clause:

and shall not be extended because other visitation days fall within the chosen summer visitation weeks

 

[TheGeekess]

K, don't know where i got TX... that's what I get for posting on my lunch break.

I guess it's because we type like Texans? 'Course, you know, all of us Southerners type alike!

 

[2Mistakes]

I guess it's because we type like Texans? 'Course, you know, all of us Southerners type alike!

Hey, I resent that remark!

I type nothing like a Louisianaian. What a bunch over there!

And here I am, stuck in between the Louisianaians and you Alabamaians.

 

[TheGeekess]

Hey, I resent that remark!

I type nothing like a Louisianaian. What a bunch over there!

And here I am, stuck in between the Louisianaians and you Alabamaians.

Awww, Sugah, you know you love the hugs!

Or should I say (once again, like a true Alabamian) Thank Ghawd for Mississippi! They keep us away from Louisiana. Too bad we can't get them to move to the other side and keep us away from Georgia.

 

[2Mistakes]

Awww, Sugah, you know you love the hugs!

Or should I say (once again, like a true Alabamian) Thank Ghawd for Mississippi! They keep us away from Louisiana. Too bad we can't get them to move to the other side and keep us away from Georgia.

Ha ha! Now that's funny. I don't care who ya are!

Seriously though, LA is like another country. And they can't drive worth a damn over there.

People in Mobile aren't the best drivers either, but the rest of AL is ok. My favorite city in AL is Hoover. We evacuated there for Katrina, and met some of the nicest people on the planet.

 

[wnbama]

K, don't know where i got TX... that's what I get for posting on my lunch break.

We now know that in MO, you'd get to tack on the extra weekend days to your 7, and in IN you wouldn't. Which isn't exactly helpful to you.

Our new order says that we each get 3 2-week uninterrupted periods. Which to me says that the normal weekend visits are suspended and we do a 2wk on/2wk off schedule w/the kids from the time school gets out until it resumes.

I THINK you might be right though, that dad can't block it between his weekends and end up with 9 days instead of 7 due to this clause:

Thank you CJ for clearing that up for me

SO with all that being said it is now April 1, Since this is in there:

If no notice is given by April 1, the CUSTODIAL PARENT has priority in the scheduling of any summer vacation plans

does that mean that I now can pick ANY weeks he his not picked and use it as my vacation with my son?

The days I am wanting to take my son to the beach is his weekend. BUT we also have this in our CO:

The following is the order of priority: holidays, birthdays, summer visitation, school breaks, weekends

BUT it all works it self out he is taking the 4th weekend in July, which is MY weekend for his visitation.

Does this mean I can pick any days he has not picked and use them?