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overnights/holidays

  • Thread starter Thread starter JeannineP
  • Start date Start date

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J

JeannineP

Guest
looks like i have to shorten it....please reply

i am in rhode island, have joint legal and physical was awared to me....

he gets one overnight and has to bring the child to daycare in the morning, but now i am no longer working, so doesn't he have to bring him home to me in the morning

have to alternate holidays...but is halloween a holiday? the state, nor banks, schools, etc close for it like christmas, etc....

please help....now he's taking me back to court for physical possession, which the court already ordered to me:confused:
 


LegalBeagle

Senior Member
JeannineP said:
looks like i have to shorten it....please reply

i am in rhode island, have joint legal and physical was awared to me....

he gets one overnight and has to bring the child to daycare in the morning, but now i am no longer working, so doesn't he have to bring him home to me in the morning

have to alternate holidays...but is halloween a holiday? the state, nor banks, schools, etc close for it like christmas, etc....

please help....now he's taking me back to court for physical possession, which the court already ordered to me:confused:

Most of the time, the holidays are listed on the order. If not, then you can safely assume that Halloween is not listed anyway as a holiday.
 
J

JeannineP

Guest
no it does not specify any holidays....just says they have to be alternated:rolleyes:
 
G

Grandma B

Guest
Okay, it's been established that Halloween is not a legal holiday, but you had a couple of other questions.

If your decree states that he is to return the child in the morning, then he is to return the child in the morning, whether to the daycare or to you personally.

Since the court has already awarded physical custody (not possession) to you, he would have to prove a significant change in circumstances to effect a change.
 
J

JeannineP

Guest
thank you

he says, well actually his wife says, that i move too much....i just moved into a new apt after living somewhere for over a year and that because i'm not working, i can't provide for him....my boyfriend works in the union, making over $20/hr and wants me to stay home with the kids (my son & daughter) so that i have a better relationship with them.....i clearly don't see these as circumstances to remove physical custody from me....what is this guy thinking, or is he not and it's his wife???
 
G

Grandma B

Guest
It won't matter that you moved and it won't matter that you aren't working. As long as your child is not abused or neglected, and you aren't living an unsuitable lifestyle, he has no basis for getting a change in custody.

Ask for him to pay your attorney's fee when he takes you to court. Custody battles are expensive.
 

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