Thanksgiving in Even-Numbered Years

[jslopez711]

What is the name of your state?TEXAS
The SOP reads as follows:

Thanksgiving in Even-Numbered Years. In even-numbered years, beginning at the time teh child is dismissed from school for the Thanksgiving holidays and ending at 6:00 P.M. on the following Sunday.

My son is 4 and is in day care. She says it's a structured day care and that she gets our Son from the Friday on. The weekend before Thanksgiving happens to be mine but she is refusing me to have it because she said that his school (day care) let's out for the break on the Friday before. She has also told me that she intends to take our son out of this school and there is nothing I can do about it because it is day care and she is not required to take him. Ok then, but what about my weekend?
I have asked for the weekend and she has refused. I intend to show up at our neutral drop-off/pick-up (not her house) area on Friday and make my usual phone call "I'm here!".
I have a hearing at the end of this month. Is she in contempt of court?

 

[bulldogg70]

If she does not follow what the orders say then yes, yes she is in contempt. I know this much, I have seen Judges go the f*** off about holidays and all the infighting. Something about holidays that makes judges just get irrate when people do not follow them. Anyway, I would have no problem at all telling the judge, maybe even shed a tear or two.

 

[stealth2]

Have you called the daycare to find out from THEM when they close for the Thanksgiving holiday? That's what will determine whether she'd be in contempt or not.

 

[jslopez711]

Yes, they are closed for the holidays.

 

[stealth2]

That wasn't my question. What is the last day of day care prior to Thanksgiving Day?

 

[LdiJ]

If she does not follow what the orders say then yes, yes she is in contempt. I know this much, I have seen Judges go the f*** off about holidays and all the infighting. Something about holidays that makes judges just get irrate when people do not follow them. Anyway, I would have no problem at all telling the judge, maybe even shed a tear or two.

She is not in contempt if the structured daycare's last day before the Thanksgiving holiday is Friday. If its last day is Wednesday, then she is.

 

[jslopez711]

The school is closed after school on the Friday before Thanksgiving.
Man, this is crappy. So she can take him out of the day care at any given time for what ever reason because it is day care and it's not required by law, but if she makes him stay, all the rules of a standard 'school' apply?

 

[stealth2]

The daycare is closed. Your orders are quite specific on the timing that describes the "holiday". She's not in contempt. And yes, it sucks that you miss your w/e as a result. But, on the flip side, you'll be in the same position next year (if he hasn't started "regular" school) that she's in now.

If you have joint legal custody, you COULD contest her removing him from daycare (this or any). However, since daycare/preschool isn't a requirement by law - you're not likely to get far with it in court. And if she's moving him to a different daycare due to cost (and she's working), you may fidn the court ordering you to pay more for daycare if you don't want him moved.

 

[BL]

Let's not make this complicated.

You have and Order. It specifies dates and times of visits.

As far as the Court is concerned right now , the child attends daycare.
When the daycare doors close for the holiday , you are suppose to start your holiday vacation.

Any other orders must also be fallowed . I don't care if it involves 2 weekends in a row. That's what the Orders state .

If they are not fallowed, bring it up in court .

 

[stealth2]

Let's not make this complicated.

You have and Order. It specifies dates and times of visits.

As far as the Court is concerned right now , the child attends daycare.
When the daycare doors close for the holiday , you are suppose to start your holiday vacation.

Any other orders must also be fallowed . I don't care if it involves 2 weekends in a row. That's what the Orders state .

If they are not fallowed, bring it up in court .

Mom IS planning on following the order - she's apparently the one who has the Thanksgiving holiday this year.

You know, jslopez, have you looked to see how the Christmas holiday tiem falls out - that might even things out for you.

 

[jslopez711]

Yeah, no joy there either. I have him this year for Christmas and it starts on my weekend (17th).
________perhaps on a different post or maybe this one_________________

I posted a few weeks back about the SOP on the weekends. If you rember correctly I wanted to take him to school on my weekends the Monday following. The case is set for tial on the 29th of this month but just yesterday she call's me and ask's me if I can do not only this [above] but take my son from Thursdays and not take him to school on Friday's.
CP says she wants to take him out of day care because he doesn't have to go, she doesn't want to pay for it now that he husband can take care of our son 3 days out of the week. And if I take him on Thursday and Friday then that would be enough to keep our Son out of day care.
Fact is that she probably needs the money. Her new husband does not make much [odd jobs, night shift] and she is wanting to afford a new house.
What ever the case may be, if she is agreeing to it now and not later, doesn't it seem almost like she trying to use me? I offered to pay a portion of the day-care [the boy needs it] but she instead said that she did not want our son on the road for so long. But what is confusing is that why is it OK now and not OK when he goes to school with her? [she is a teacher].

 

[shawna maples]

In your standard possession order under "Definitions" does it not state:
'In this Standard Possession Order "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides'?

You need to get your child's County Independent School District Calendar.

Also in your mod. you may ask for "beginning at the time the childs school is dismissed for" to be added to your specified periods of possession instead of "beginning at the time the child is dismissed from school for" - these holiday breaks (on the calendar) include staff development days, early release days etc. You may have an arguement (about your weekend before Thanks.) but if you want the whole break next year and every odd yr perhaps give your ex the whole break this year.

Ask your attorney to clarify your orders.

 

[SMURFEELAW]

I know the judge in my fiances case does not consider even early kindergarten (child turned 5 after the state cut off date but is in a charter kindergarten) does not count as to interrupting holiday and regular time with the other parent. The judge even said that if there is a discrepency that we go by the public school schedule for the childs district. Hope that helps or gives an idea. Good Luck in Court at the end of the month.