What does it mean if my holiday schedule says the holiday schedule overrides the regular custodial schedule? - Child Custody Law Questions and Answers- LawQA.com

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What does it mean if my holiday schedule says the holiday schedule overrides the regular custodial schedule?

I live in California and normally my children go to dad’s home Friday 3pm-Monday 10am. The holiday schedule says they go to dads home every even year for the 4th of July from July 3rd at 8pm- July 4th until 10pm and I pick them back up at the police station at 10pm July 4th. The holiday schedule says "The Holiday schedule overrides the regular custodial schedule" does this mean he is supposed to meet me to exchange the children again or does he keep the children all weekend? Do I get them for some of the holiday? I am completely confused!

Law Offices of John F. Nicholson
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You have to first look at the holiday schedule. If you are exercising regular custody, but this year the 4th of July occurs on a day of regular custody, and this year dad has the children, then your regular custody is interrupted on the 4th of July because the children are with dad.

Answer Applies to: California
Replied: 7/7/2014

Answer By Gerard A Fierro
Law Offices of Gerard A Fierro
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It appears that the father's weekend would have continued as normal. However, if the 4th of July would have fallen in the middle of the week instead of a Friday (has it will in future years) then you would have picked the children up at 10:00 p.m.

Answer Applies to: California
Replied: 7/7/2014

Answer By Martin A. Kahan

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You go by the holiday schedule when there is a conflict with the regular schedule.

Answer Applies to: California
Replied: 7/7/2014

Answer By Tres A. Porter

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It means that holidays take precedence. At the conclusion of the stated holiday period, the custody reverts back to the normal schedule. In this case, assuming that you meant this July 4, 2014, which fell on a Friday, the holiday started July 3rd in your order. So even though your normal schedule would have you having them on the 3rd because it was Thursday, then needed to go to him at 8 pm on Thursday the 3rd pursuant to the holiday schedule. The holiday period from your Order concluded on July 4th at 10 pm, but if you revert back to the normal schedule at the completion of the holiday, he would have them because it is Friday after 3pm. So they would stay with him all weekend and you would exchange them on your normal day, Monday at 10 am. Typically holidays like this rotate years. If it were your fourth of July holiday, then you would be cutting into his normal weekend schedule and upon conclusion of the holiday period you would exchange at 10pm on the fourth to revert back to the normal schedule. Ex Mother's day is usually with Mom. (time varies from order to order but lets assume 8 am to 8 pm) so even though it hypothetically his weekend, you would exchange twice on mothers day, once at 8 am and once at 8pm. If you have further issues, comprehending the terms of your Order you should definitely discuss the issue with an experienced family law attorney.

Answer Applies to: California
Replied: 7/7/2014

Law Office of Linda K. Frieder
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It means you follow the holiday schedule on holidays. If the holiday schedule conflicts with the normal schedule, the holiday schedule prevails.

Answer Applies to: California
Replied: 7/7/2014

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