Take it or denied?

[Cheergirl_21]

What is the name of your state? Utah

The standard visitation schedule states the first part of Christmas Vacation and Christmas Eve, Christmas Day until 1 pm.

Is it true that if the parents do not agree that the CP can deny the NCP visitation if the NCP does not take the child as stated on the standard visitation law?

Basicly, if NCP does not take the visitation scheduled legally applied, can the CP deny visitation after an agreement between CP & NCP per requested schedule by NCP ?

Just curious.

Thanks.

 

[Zephyr]

so are you asking if the cp has already agreed to a change in the court ordered schedule requested by the ncp, can they legally welch on their agreement?

yes they can, but then they better hope they don't need any favors from the ncp in the future

 

[Cheergirl_21]

Thank you for your reply, Zephyr.




"The soul is healed by being with children."

~ Fyodor Dostoevsky







In God We Trust.

 

[Whyte Noise]

The CP can not deny the NCP visitation at anytime they're supposed to have it by coiurt order though.

If it's supposed to be first half of break up until 1 PM on Christmas Day, then the NCP has visitation at ANY time during that time frame. Even if he NCP didn't get them for the first half, they are still legally entitled to all times of the order, up to 1 PM on December 25th.

 

[Cheergirl_21]

Ok, I am sorry for bothering you again. I am afraid that this question gets asking by millions of people.

The law states: Utah 30-3-32

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;
(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day;
(e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child's school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend;

(vii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided;


Does this mean I get her next weekend also?

That would be my normal weekend. Does this mean that the law (c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

applies?

Apperciated!

 

[Zephyr]

Ok, I am sorry for bothering you again. I am afraid that this question gets asking by millions of people.

The law states: Utah 30-3-32

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;
(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day;
(e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child's school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend;

(vii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided;


Does this mean I get her next weekend also?

That would be my normal weekend. Does this mean that the law (c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

applies?

Apperciated!

if next weekend is your regular weekend but it falls in the other parents holiday time then you do not get the child next weekend

 

[LdiJ]

Ok, I am sorry for bothering you again. I am afraid that this question gets asking by millions of people.

The law states: Utah 30-3-32

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;
(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day;
(e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child's school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend;

(vii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided;


Does this mean I get her next weekend also?

That would be my normal weekend. Does this mean that the law (c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

applies?

Apperciated!

I believe that you are misunderstanding that.

Holiday visitation takes precedence over weekend visitation. The next weekend (New Year's weekend) will still be part of Christmas Break, therefore it belongs to whichever parent has the second half of Christmas Break....unless New Year's is spelled out as a separate holiday. The first weekend after Christmas break will belong to the parent who would normally have had it if no holidays had happened. So if your normal weekend is the weekend where New Year's eve falls, then the weekend following that would belong to the other parent....because the normal rotation would still be in effect.

 

[Cheergirl_21]

Sooo, the weekend after New Years is not my weekend. Therefore I do not get her then either?

Unless:

"Responent's parent time shall be statutory with additional parent time as the parties may agree."

of course.

Is this correct?

Again, I apologize for bothering you and I thank you for your assistance.

 

[Zephyr]

Sooo, the weekend after New Years is not my weekend. Therefore I do not get her then either?

Unless:

"Responent's parent time shall be statutory with additional parent time as the parties may agree."

of course.

Is this correct?

Again, I apologize for bothering you and I thank you for your assistance.

correct, you would not get her until your next scheduled weekend, it's tough, I know BTDT, but that's what it means, the other parent can of course allow you whatever time you guys can agree to but, but is under no obligation to allow you more time

 

[CJane]

Sooo, the weekend after New Years is not my weekend. Therefore I do not get her then either?

Correct. My parenting plan is somewhat similar to yours in that I have the kids the first half of vacation... from the time school let out today until the 27th @8pm and the ex has them from the 27th @8pm until 'school resumes' which in this case will be 830 am on Mon the 3rd.

I had the kids last weekend due to our every other weekend schedule, and will have them this weekend as well because it's my holiday even though it's his weekend. Next weekend, it would technically be my weekend, but it's his holiday, so he'll have them. He'll also have them the following weekend because that would have normally been his.

It gets confusing sometimes... like when I had them 3 weekends in a row in November because it was my year for Thanksgiving.