Need Help with Visitation Wording

[JBMD]

What is the name of your state?MD, but order is from VA and ex lives in OK

I was hoping that I could get some advice on how to appropriately word the visitation order that is due in court so that there are no "misunderstandings."
Please Advise:


Currently it states:

The child's father shall have visitation with the child during each summer, beginning two weeks after the conclusion of the spring school semester and ending two weeks before the beginning of the fall school semester and in addition alternating Thanksgiving holidays from school and spring break holidays from school each year and in addition one-half of the christmas/new year school vacation (in even-numbered years, the father shall have the last half, with the mother having hte first half; in odd-numbered years the father shall have the first half with the mother having the last half) and in addition reasonable visitation in the state of oklahoma at his expense and after due reasonable advance notice.


This was written by the ex's attorney and i want to make sure that i'm not missing something that will be an issue in the future.

I have since made the following edits:
1) "Thanksgiving holiday in odd-numbered years"
2) I attempted to include the alternating of x-mas by stating "(in odd numbered years, the father shall have one-half of the Christmas/new year vacation, including Christmas day; in even-numbered years, the father shall have one-half of the Christmas/new year vacation, with the mother having Christmas day)"
3) I wanted to edit the part about visitation in ok, but wasn't sure what would be to my advantage (ie i don't want to have to give 6mnths notice to see him in ok)

Please Advise: thanks in advance!

 

[seniorjudge]

...
3. Holidays and Special Days.

a. Holiday and special day custody shall be from 9:00 a.m. until 6:00 p.m. and shall prevail over weekend, weekday and summer vacation, except for Easter, Memorial Day, Labor Day and Thanksgiving, when visitation shall include the entire week-end from 6:00 p.m. Friday through 6:00 p.m. Monday, with Thanksgiving being from 9:00 a.m. Thanksgiving Day through 6:00 p.m. Sunday.

b. Mother shall have the minor children on her birthday and on Mother's Day of each year.

c. Father shall have the minor children on his birthday and on Father's Day of each year.

d. The non-custodial parent shall have custody of the minor children in odd numbered years on Easter, Fourth of July and each child’s birthday, and in even numbered years on Memorial Day, Labor Day and Thanksgiving.

4. Christmas Vacation. For the Christmas season following the implementation of the most recent Judgment and Decree, the non-custodial parent shall have the minor children from 9:00 a.m. on December 25th through 9:00 a.m. on December 31st. The next Christmas season, the non-custodial parent shall have the minor children from 6:00 p.m. the day the children's school Christmas vacation begins through 9:00 a.m. on December 25th and from 9:00 a.m. on December 31st through 9:00 a.m. the day prior to the children's school Christmas vacation ends. Thereafter, during each Christmas season, the non-custodial parent's custody shall rotate between the above groups of dates.

5. Summer Vacation. The non-custodial parent shall have the minor children each summer beginning three days after school ends for a two-week period. At the end of this two-week period, the custodial parent shall have the minor children for two weeks. The parents shall alternate in a like manner until three days before school begins, at which time the children will be returned to the custodial parent. There shall be no weekend or weekday visitation during the summer.

...

Standard language that may help you.

 

[JBMD]

Your response is gratly appreciated however the courts already ordered the visitation as described above, as it is a long-distance schedule apparently this is all i can get!

The judge ordered:
alternating thanksgiving
one half of x-mas break (alternating xmas)
every spring break
the summer schedule above
and visitation when i go to ok.

I am appealing the judgement, but in the mean time i want to make sure i get what i was awarded, so i want to ensure that the order doesn't leave room for interpretation.

Like the alternating thanksgiving, well when it come down to it i don't want to have to prove that its my turn to have him, i just want it to say odd numbered years he's with me. Therefore, if there is an issue and i need assistance in getting him for visitation/or if i file for comtempt, then there won't be any question.

 

[stealth2]

I think SJ's point was that the LANGUAGE of the standard visitation may be useful, rather than the actual schedule.

 

[LdiJ]

...
3. Holidays and Special Days.

a. Holiday and special day custody shall be from 9:00 a.m. until 6:00 p.m. and shall prevail over weekend, weekday and summer vacation, except for Easter, Memorial Day, Labor Day and Thanksgiving, when visitation shall include the entire week-end from 6:00 p.m. Friday through 6:00 p.m. Monday, with Thanksgiving being from 9:00 a.m. Thanksgiving Day through 6:00 p.m. Sunday.

b. Mother shall have the minor children on her birthday and on Mother's Day of each year.

c. Father shall have the minor children on his birthday and on Father's Day of each year.

d. The non-custodial parent shall have custody of the minor children in odd numbered years on Easter, Fourth of July and each child’s birthday, and in even numbered years on Memorial Day, Labor Day and Thanksgiving.

4. Christmas Vacation. For the Christmas season following the implementation of the most recent Judgment and Decree, the non-custodial parent shall have the minor children from 9:00 a.m. on December 25th through 9:00 a.m. on December 31st. The next Christmas season, the non-custodial parent shall have the minor children from 6:00 p.m. the day the children's school Christmas vacation begins through 9:00 a.m. on December 25th and from 9:00 a.m. on December 31st through 9:00 a.m. the day prior to the children's school Christmas vacation ends. Thereafter, during each Christmas season, the non-custodial parent's custody shall rotate between the above groups of dates.

5. Summer Vacation. The non-custodial parent shall have the minor children each summer beginning three days after school ends for a two-week period. At the end of this two-week period, the custodial parent shall have the minor children for two weeks. The parents shall alternate in a like manner until three days before school begins, at which time the children will be returned to the custodial parent. There shall be no weekend or weekday visitation during the summer.

...

Standard language that may help you.

I will give you a hint...the kind of wording outlined for the Christmas break just doesn't work. The reason why it doesn't work is that the actual dates vary from year to year....therefore it could easily end up with one of the parents getting the short end of the stick. Its much better to simply say, first week of Christmas Break and second week of Christmas Break, or first half second half...then you don't end up with problems if the school system decides to let the kids out on December 23rd, and not have them go back until January 6th.

 

[weenor]

The "reasonable notice" thing is stupid too...decide 48 hours, 30 days, 60 days...Reasonable is subject to interpretation because everybody has their own idea about what is reasonable. If ex decides your notice isn't reasonable to her then she denies visitation and your back in court asking the judge to decide what is reasonable. If there are exact periods than there can be no question.

 

[JBMD]

I will give you a hint...the kind of wording outlined for the Christmas break just doesn't work. The reason why it doesn't work is that the actual dates vary from year to year....therefore it could easily end up with one of the parents getting the short end of the stick. Its much better to simply say, first week of Christmas Break and second week of Christmas Break, or first half second half...then you don't end up with problems if the school system decides to let the kids out on December 23rd, and not have them go back until January 6th.

Is there no way to ensure that Christmas day is alternated?

 

[Zephyr]

Is there no way to ensure that Christmas day is alternated?

christmas day is always in the first half of the break, that is why you would alternate first half/second half

 

[stealth2]

Since our breaks are pretty much 12/23 to 1/2, we split it so one gets 12/23-26 and the other gets 12/26-1/1.

 

[JBMD]

Since our breaks are pretty much 12/23 to 1/2, we split it so one gets 12/23-26 and the other gets 12/26-1/1.

well ... he lives in Oklahoma. He gets two weeks for Christmas break! Christmas does not always fall in the first or second week. This year his break was from Dec 17th through Jan 1. Christmas fell in the second week, but as christmas gets later in the week ... ie when it falls on the wed, his break will be different/ he won't get a week before christmas.
I don't mean to be a pain i just want to make sure i have my son every other chritsmas, and i don't want there to have to be interpretation or "the meaning of the order was" .... i want it to state exactly how it should be .... ie no question about it!

 

[45Frank]

I didn't see this addressed but make sure transportation is include who delivers children and where. I was allowed to move 1000 miles away and the order and judge actually expected me to keep the origional visitation schedule. Yes transport the kids every other weekend and every monday night a 14 hour drive for a 3 hour visit and the X had me back in court saying I wasn't following the court order. When I questioned this in court with my attorney I was told well file a new motion I see no problem why it can't be done by a Judge.