In the divorce decree, does the Thanksgiving/Christmas visitation schedule take precedent over the regular weekend schedule? - Divorce Law Questions and Answers- LawQA.com

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In the divorce decree, does the Thanksgiving/Christmas visitation schedule take precedent over the regular weekend schedule?

My ex and I are having a disagreement about part of our divorce decree. In the Co-Parent local schedule it says the co-parent, which would be my ex, will have the kids on the 1st, 3rd, and 5th weekends. The problem is the 3rd weekend of November is also the beginning of the Thanksgiving holiday. Herein lies the rub, she says if the 3rd weekend coincides with a holiday that falls on Monday, and according to the school calendar the Thanksgiving holiday starts on Monday, she has the kids that weekend through Monday. I say that rule does not apply for Thanksgiving, it has its own rule and it cancels out the weekend rule. The Thanksgiving holiday starts at 6pm the last day school before Thanksgiving. Who is correct?

Answer By Frances Headley

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The holiday agreement is normally interpreted to override the regular visitation schedule.

Answer Applies to: California
Replied: 12/5/2012

Answer By Victor Varga

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Holiday schedule is separate and apart from the regular visitation schedule, and supersedes the regular schedule (otherwise, why have a holiday schedule in there?).

Answer Applies to: Maryland
Replied: 12/5/2012

Woods, May & Matlock, PC
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The holiday possession schedule is superior to the weekly schedules.

Answer Applies to: Texas
Replied: 12/4/2012

The Law Offices of Robert W. Bellamy
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You are correct.

Answer Applies to: Alabama
Replied: 12/4/2012

Answer By Tina Fox
Fox Law Firm LLC
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In IL, the Thanksgiving/Christmas holiday schedule shall be giving preferential attention to the regular weekend schedules.

Answer Applies to: Illinois
Replied: 12/4/2012

Answer By John Russo

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Holiday schedules supersede normal visitation schedules, i.e. simple explanation Father has child every Thursday overnight, Holiday schedule, Mother and father shall alternate the Thanksgiving holiday , Mother even years Father odd years, Mother would have child Thursday Thanksgiving even though regular schedule gives to father every Thursday, not rocket science.

Answer Applies to: Rhode Island
Replied: 12/4/2012

Answer By Erin Farley
The Law Office of Erin Farley
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Holidays take precedence. The holiday schedule is akin to an overlay. Lay the holiday arrangement upon the regular schedule (because the holiday schedule overrides the regular schedule). After completion of the holiday agreement, lift the overlay and the regular schedule continues. Monday holidays are MONDAY holidays, ie, Memorial Day, Labor day, etc. Further, if a particular holiday is specified, then you follow the rule for that specified holiday.

Answer Applies to: California
Replied: 12/4/2012


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Better get a clarification of the language of Judgment. It sounds like you did not use a lawyer and you have an In Pro Per case. If you took the Judgment with a Lawyer preparing the Judgment, there would be a section indicating how "holidays" are handled and what the parties must do when there is a conflict. Logical discussions may help you in this situation. If that does not work, file a motion to clarify Judgment and let the Judge hash out the problem.

Answer Applies to: Michigan
Replied: 12/4/2012

Mediation Services of Southwest Florida
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Usually the Holiday schedule does take precedent over the regular visitation schedule. Check your settlement agreement to confirm.

Answer Applies to: Florida
Replied: 12/4/2012

Answer By Derik Girdwood
Derik Girdwood Law Office
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Usually holidays trump normal visitation.

Answer Applies to: Michigan
Replied: 12/4/2012

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