Our current parenting time is my ex husband has our daughter every other weekend during school year but in summer alternate weekends. As per the holiday schedule, my ex husband has our daughter first half of Christmas (Dec 26-Dec 29) while i have her the second half of Christmas (Dec 29th-Jan 1st). The issue I'm having is during the Christmas break my ex husbands weekend fell on my second half of Christmas which was Dec 29-Jan 1st. His argument is he should be making up his time because he missed his weekend but as per the holiday schedule those dates fell on his weekend. Our court order states:
ORDERED that the parties shall continue use the _______ county standard holiday schedule. Holiday parenting time shall be in addition to planned, parenting time such an alternate weekends. for example, if in an odd year, Martin Luther King Day falls directly after a weekend belonging to the defendant, his parenting time is extended to Monday.
I personally feel just because the holiday fell on his weekend he doesn't get to make up because once summer starts we have alternate weeks and if a holiday falls that i'm suppose to have (july 4th) on his weekday he doesn't get to make it up?
You really need to have an in person consultation with an experienced matrimonial attorney and determine what your rights and options are, and what is legally cost effective. Remember that you and your ex spouse are adults and this is not a tit for tat situation.
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I've never seen a holiday schedule written that way. Holiday time "usually" trumps regular parenting time. However, your order seems to say that he gets his parenting time on top of the holiday time. In order to get this clarified with the judge, it probably will not be cost effective for you. However, if the two of you can talk it out and agree, you can sign a consent order. Or you can attend mediation, but you'll have to pay for that too.
I wish you luck.
Holiday and vacation parenting time take precedent over regularly scheduled time and there is no make up time.
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