Holiday visitation

[Mattiesmom]

The visitation order is as follows... "Father shall have the right to visit with the child at any time mutuall agreeable to Father and Mother. In addition, Father shall have the following specific rights to visit with the child: Weekend Visitation- Father shall have the right to have said minor child visit with him on the second and fourth weekends of every month. For the purpose of this agreement,the second weekend of every month shall be from 3:00 pm Friday until 6:00 pm Sunday. The fourth weekend shall be from 4:00 pm Friday until 3:00 pm Saturday."

I understand this is the fourth weekend of the month but I was told that Holiday visitation superceeds the weekend visitation.

Thank you for staying involved rmet4nzkx !!!

 

[BL]

The visitation order is as follows... "Father shall have the right to visit with the child at any time mutuall agreeable to Father and Mother. In addition, Father shall have the following specific rights to visit with the child: Weekend Visitation- Father shall have the right to have said minor child visit with him on the second and fourth weekends of every month. For the purpose of this agreement,the second weekend of every month shall be from 3:00 pm Friday until 6:00 pm Sunday. The fourth weekend shall be from 4:00 pm Friday until 3:00 pm Saturday."

I understand this is the fourth weekend of the month but I was told that Holiday visitation superceeds the weekend visitation.

Thank you for staying involved rmet4nzkx !!!

Ok now I see where your letter of agreement comes in. Yes If you agree to the extra time, it would be good to have both of you sign the agreement . Make 2 copies. One for him , one for you , for your records , so there is NO questions or confusions about the times or dates of agreements .

You say the Order of protection allows for closer contact during exchanges.

A quick signiture should not be a problem .

 

[Mattiesmom]

Ok, so it is my understanding, that if the bio does not want the extra time I am considering then his visitation ends at 11:59pm Christmas night and I should be able to have my son back at 11:59pm then, legally speaking.

 

[rmet4nzkx]

It is very important to give the facts, not just the facts that you think will result in the advice you want. Also playing the game of trying to allienate your child and their father can backfire on you.

Christmas visitation and other special visitations are meant to be in addition to the regular, not to result in less time. You have your child most of the time and it would be in the spirit of the order to allow the time the father would have had prior to Christmas on his normal visitation after Christmas instead, the order is written to allow you to be flexible and not ment to deny visitation. Simply have the agreement ready, leaving dates open to be filled in if need be. I hope the visitation goes well.

 

[Whyte Noise]

Well, actually... going by your wording, the visitation would be like this:

Father gets the child today at 3 PM (since this is the 4th weekend of the month, and is his sceduled visitation. YOU then get the child tomorrow until 3 PM for YOUR holiday time, at which time it's the father's turn for holiday visitation. Now... the "remainder of the day" would technically expire at midnight tomorrow night, yes. However, it's ALSO his weekend to have the child until 6 PM Sunday night.

Yes... the holiday visitation does normally supercede any weekend visitation... and it will. Instead of him having the child straight from 3 PM today until 6 PM Sunday... YOU will have the child tomorrow rom (whenever) until 3 PM. YOUR visitation is superceding the regular weekend visitation. Sunday is NOT part of the holiday visitation according to your wording. Only Saturday. So, only Saturday would be affected.

 

[Mattiesmom]

With this being the fourth weekend of visitation from 4:00pm Friday untill 3:00pm Sat going by weekend visitation the bio would have child from 4:00pm tonight until he is supposed to start holiday visitation. I would miss both Christmas eve and Christmas Day, that is not the way the order was intended. Again I do believe the holiday visitation superceeds the weekend visitation which would allow my son to be with me tonight through 3:00pm tomorrow and then the bio would have him until 11:59 pm Sat. night per the order but allowing the extra time per our joint agreement if the bio accepts it.
Is this true?

 

[Whyte Noise]

Oh, OK... I misread... hell, I completely missed the part about the 2nd weekend being Friday at 3 until Sunday at 6 and the 4th weekend being from Friday at 4 to Saturday at 3.

That being the case...

Dad would get the child at 4 PM today. You'd get him tomorrow morning for your holiday visitation until 3 PM, at which time he'd go back to dad's house for the remainder of the day for his holiday visitation.

Your "belief" about how the holiday visitation should have him with you until tomorrow morning is incorrect however. According to the wording you posted up there, the holiday visitation is ONLY for Christmas Day. That doesn't include Christmas Eve (tonight). ONLY tomorrow. You're correct with the idea that holiday visitation supercedes the scheduled visitation... but your "holiday visitation" only is for one day according to your own wording and that day is tomorrow. Not tonight. So... dad gets the child at 4 PM today, until tomorrow morning when your own decree says that YOU get the child until 3 PM.

None of us LIKES to miss Christmas Eve with our children, but it happens.

The question then becomes... are you 2 going to put the child out riding in a car between visitations at midnight tomorrow night just to follow the order to a "T"?

If you and your ex "agree" to more time, then that's perfectly legal accroding to your decree wording. It's additional time, as is allowed in your decree. The only "Set" times are the specific times mentioned in the decree. It's kind of a "default" in case you can't agree to anything between yourselves.

 

[stealth2]

Like I said... I'd tell Dad to bring him back Sunday morning. I'm starting to feel for this kid.

 

[Whyte Noise]

That's what I'd do too... no sense in having a child out at midnight, and it's pretty dang cold in Georgia right now. Even the southern part of the state where I'm from.

Sometimes, ya gotta bend a little. Doing the right thing doesn't always mean doing what you want to do.

 

[Mattiesmom]

No I would not have my child out at all that late, that is one reason for the extended visitation plus I am giving the bio an opportunity to have some extra visitation if he chooses. Are you sure the child goes to the bio tonight? That is a lot of back and forth.

 

[stealth2]

That's why the "splitting the holiday" deal is so crappy for the kid(s). They spend all of Christmas to-ing and fro-ing between parents so that the *adults* don't have to miss any time. Never made any sense to me. The kid gets no Christmas at all like this.

 

[Whyte Noise]

Yes, it IS a lot of back and forth... but that's exactly what you've written says.

It's the 4th weekend. Dad is supposed to get the child from 4 PM today until 3 PM tomorrow, per your court order. That doesn't change as 4 PM today is NOT Christmas Day. Now, Christmas is tomorrow... and YOU are supposed to have the child until 3, TOMORROW. That is the holiday visitation part... the part that supercedes the court order. Instead of dad having the child from 4 PM today until 3 PM tomorrow uninterrupted (as regular visitation) he has to have the child back to you for your holiday visitation. He then gets the child at 3 PM tomorrow for HIS holiday visitation time.

 

[Whyte Noise]

That's why the "splitting the holiday" deal is so crappy for the kid(s). They spend all of Christmas to-ing and fro-ing between parents so that the *adults* don't have to miss any time. Never made any sense to me. The kid gets no Christmas at all like this.

I absolutely agree.

In our previous GA Decree, the ex and I alternate the entire Christmas vacation. Him in Even, me in odd. From 6 PM the day school lets out for break until 6 PM the day before school starts back. That way, the kids aren't shuffled back in forth 4 times in 2 days to try and get Christmas Eve and Day in for the both of us. One of us misses out on both those events every other year, true... but the kids don't miss out on a thing. Our current modified decree has the same Christmas schedule in it too.

 

[Mattiesmom]

Thank you everyone for all the information and clarification, looks like we have to be at the sherifs office in a hurry !!! Thanks again

 

[stealth2]

Our kids alternate as follows:

One year, I have them 12/23-26. The ex has them Thanksgiving and 12/26-1/1. The next year, we switch.

So when I have them for Christmas, we have Thanksgiving a week early. When I have them for Thanksgiving, we have Christmas a few days late. Big deal. The kids don't mind - twice!the!celebration! They're what's important. Sometimes adults just need to quit being so damned selfish.