neighsayer
New
Reged: 06/19/08
Posts: 2
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Our agreement states that visitation "shall be suspended" for holidays and then provides for a division of holidays on an alternating basis.
My question is one of interpretation. July 4 weekend is scheduled to be my weekend--but she has the July 4 holiday this year, so she will have him that weekend instead. Her interpretation is that she also gets him the next weekend, b/c essentially my weekend just "disappears" due to the holiday. My interpretation is that my weekend would just be delayed until the next weekend--not that she would essentially get three consecutive weekends of visitation.
It seems like her interpretation of "suspended" is really "cancelled"!
Any thoughts?
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2268
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I would think it would "disappear" due to the holiday. You will have holidays likewise.
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adrenaline
Platinum
Reged: 03/21/06
Posts: 3892
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[quote]I would think it would "disappear" due to the holiday. You will have holidays likewise. [/quote]
I think that is unreasonable. I know it is probably true but I think that it is totally unreasonable. She will win though because it will cost too much to fight. I think that is the BS downfall of the system.
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The problem isn't the game; it is that nobody knows the rules.
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germangirl631
Platinum
Reged: 04/04/08
Posts: 1005
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this is why the precise wording on visitation agreements is so crucial. However, that cruddy wording will work the same for both parties. It should even out in the end, and be sukky for both parties at times.
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1571
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Sorry, but the wording typically states that is supercedes normal visitation - you do not get the next weekend - normal visitation just resumes.
However, is Fourth of July really a weekend in your orders? I get Fourth of July, but it is defined as one day - not a weekend. So, I get Friday, but am turning them over for regular weekend.
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3213
Loc: Florida
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It probably depends on the state...but I know the state I go through says that the holiday visitation overrides the normal visitation and then goes back to regular schedule - meaning there isn't changing weekends after due to the holiday previously, but is specific to the DAY only not the whole weekend. So the parent who gets 4th of july, gets that day and then it goes about as scheduled.
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neighsayer
New
Reged: 06/19/08
Posts: 2
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Thanks for the replies everyone. I guess that either way it will negatively impact each of us at some point or another. It just seems to me like having a delay instead of an outright cancellation of visitation would make it easier to deal with, so neither party would have to go three consecutive weekends without seeing our son. This will happen to her at Labor Day, and I'll gladly take the 3 weekends in a row! I'm going to look at that as the bright side!
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