I am divorced my ex-husband and i share joint legal custody of the children, with me (ex-wife) as primary , i am also the tie-breaker. We keep running into problems with the papers his attorney drew up. example. the papers read that summer vacation starts from the day school lets out, and the parents rotate every other week. however, it does not state whom starts with the first week. then it says must be EQUAL time, then gives my ex-husband, july 4th , memorial day, and fathers day weekend. so we are fighting over whom is suppose to start the first week, he wants all his weeks and holiday time which equals 42 day, giving me 22 days of summer. So i did his weeks to concur with his holiday time, which makes it dead equal time. So how is the first week decided if it is not written in the papers. and how do we stop fighting over whom's " visitation schedule we should do for summer"?
Start on the last day of school. Go 7 days. Swap the child(ren). Then, repeat going the other way. As to holidays and such, your parenting plan should spell it out. Typically, parents will share the major holidays and rotate from year to year on others. Do your papers not spell this out for you?
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Your settlement agreement/final order/parenting plan should spell this out. But not all such orders are very well prepared. It sounds like his lawyer prepared the order, and you did not have a lawyer and/or were not aware of the details that are important to include. If you and he cannot come to an agreement about how to do it, and the order is silent to those details, the only thing left to do is to file to modify the existing order to add the detail necessary. You might start out by taking your order to a family law attorney for a review.
I think you have taken a reasonable approach to this issue by giving him the weeks in the summer that encompass holiday time that is already awarded to him. Your approach also seems focused on keeping a consistent rotating schedule for the children. It seems he is trying to interpret the wording of the parenting plan to maximize his time, which is contrary to the requirement that you and he share equal time during the summer. With all of that said, you are probably going to continue butting heads with him on this issue so long as there is room for interpretation in your parenting agreement. I suggest you visit with a lawyer and take the legal steps necessary to add additional clarity to the parenting plan that can help avoid these types of disagreements in the future.
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