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whose interpretation is correct?

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aliyah's mom

What is the name of your state? FL

Here is how the order reads:
" b. Alternating holidays. On those holiday Monday's that fall on the father's scheduled weekend, his visitation shall be extended until that Monday at 7PM. Thanksgiving shall be with whichever parent has the child for the regular weekend visitation weekend. In even numbered years, the father shall have Christmas day and the mother shall have Christmas eve until 7PM. In odd numberd years, the schedule shall be reversed. All other holidays shall be divided evenly by alternating them between parties;"

Now the problem: I (mother) had her on the fourth of July holiday, so I think that he should have her on the next holiday (Labor day). In order for that to happen, we have to switch weekends this coming week. My daughter just came home tonight after 11 days with her father. His regular weekend visitation was Wednesday night through Sunday night and then he had his summer visitation week Sunday night to Sunday night.

He says that he is supposed to pick her up again Wednesday night for his next visit. I say we need to switch weekends to give him the next holiday, which would actually give him an extra day (through Monday instead of Sunday). His interpretation is whoever regular weekend it is gets the holiday.

Who is right?


It's not who's right or wrong...

It's how well you both communicate with each other regarding these issues. Have you actually sat down with BD and discussed the holiday schedule? Maybe you should write down a years worth of scheduling, something that you both agree on and that way there will be no misunderstandings. My ex and I just alternate years. That way there is no misunderstandings. He has holidays on odd years (except Thanksgiving) and I have holidays even years (except Thanksgiving). We do it this way so that we each get a major holiday every year. Hope this helps.

aliyah's mom

I have tried discussing this with him. Even tonight I tried to talk and come to an agreement and all he would do is drive off saying if you don't have her here on Wednesday, I will see you in court.

I sent him a certified letter last week outlining the visitation schedule as I understand it fot the rest of the year.

I think what he is trying to do is have all of the major holidays and her birthday. The way he explains is understanding of the order is that whoevers regular weekend visitation it is gets the holiday. Well, if that happens the way it is now, he will have her birthday, halloween, Thanksgiving and Christmas. I would only have Labor day and veterans day. I have tried to reason with him and explain that we should alternate major holidays to be fair to each other.

I am not denying visitation, just trying to switch a weekend in order to alternate holidays for the rest of the year. If he does file some kind of contempt motion, what should I do? I dont think I am in contempt of anything. I am trying to follow the order and alternate holidays.

Also, if he does file anything, can I have the case moved to the county that I now live in? Neither one of us live in the original county anymore. He moved back in November, and I moved in January.

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