Our visitation is based on even-numbered and odd-numbered years: In even-numbered years the father has Halloween, Christmas Eve, New Years Eve, Easter Sunday, independence Day, and one of our daughter's birthday. In odd-numbered years he has New Year's Day, Memorial Day, Labor Day, Thanksgiving Day, Christmas Day, and our other daughter's birthday. He told the girls that he would pick them up on New Years Day today when I picked them up from their weekend visit. I had to explain to the girls that this was incorrect, etc. I called my ex and explained our legal visitation schedule. I know he's upset, but we have the girls on New Years Eve and New Years Day by my interpretation and we made plans with the girls far in advance for the day since we're off work. He won't let me get a word in at all and told me again he'll be at our house to pick them up on NYD. We have planned to be out of town and obviously will. Have I interpreted our visitation agreement correctly?
2007-12-30 17:06:33 · 8 answers · asked by Kristine 2 in Family & Relationships ➔ Marriage & Divorce
FYI - I'm not trying to be unfair, in fact, I have also told him he can have them any time through the week, just that I would like him to let me know so that we don't make plans. I am not sympathetic to his situation since he only lives a mile away, told the girls he would get them through the week before school started in August to go swimming, of which I was extremely positive about. However, he never followed through and has never exercised his extra visitation rights. He also has never called the girls on the phone to talk to them, not once in the entire 5 years we've been divorced. He alienates himself from the kids because he chooses to.
2007-12-31 01:24:44 · update #1
Reading it the way you have written it here, then yes you would have them both days, but next year he would have them both days. Just tell him to read the visitation agreement, and that next year he gets them both days. And go on with your plans. And who ever drew up the agreement is an idiot, that has to be about the most messed up and confusing thing I have ever seen.
2007-12-30 17:19:25 · answer #1 · answered by cris 5 · 1⤊ 0⤋
You said that he has them in even numbered years on New Years Eve. 12-31-07 is an odd numbered year so you should have them for New Years Eve - today.
You said that he has them in odd numbered years on New Years Day. 01-01-08 is an even numbered year so you should have them on New Years Day - tomorrow.
To me, you are correct in your interpretation of the agreement. You have them both days this go round, and he has them both days the next go round.
Since you have a legal visitation schedule, I would carry on with my plans, but I would leave a note tacked to my door stating the dates and even/odd year thing the way I worded it. Just because one holiday is the day after the other doesn't mean that they should be considered in the same year. They are in different years and should be considered separately according to your agreement.
Maybe he will be less upset knowing that he will have them both days the next go round.
2007-12-30 18:06:58 · answer #2 · answered by grahod 4 · 1⤊ 0⤋
Wow, I hate to say this but the way this is set up is very confusing and it shouldn't be that confusing for anyone to figure out when they see their children. And it should be a matter of give and take. It isn't something that should be more painful than it already is. You and your ex should be willing to help eachother see their children for the childrens sake. It shouldn't be a fight EVER. Maybe that document needs to be changed so that it isn't so confusing and could make it a little more lenient and personal.
2007-12-30 17:17:55 · answer #3 · answered by Primrose 5 · 1⤊ 0⤋
Hon, i don't know but that schedule of visitation is a mess....
and get things straightened out with your ex before you take off and go somewhere... maybe after the new year you can make a schedule that makes more sense?
2007-12-30 17:12:19 · answer #4 · answered by letterstoheather 7 · 0⤊ 0⤋
To me it reads that you have her on New Year's Eve (2007=odd), and he has her on New Year's Day (2008=even).
2007-12-30 17:14:26 · answer #5 · answered by sunshine 5 · 0⤊ 0⤋
Actually you are BOTH wrong.
New years falls on both even & odd year - this is a straddling holiday.
Dec 31, 2007 NYE (odd year) - that goes to the father
Jan 1, 2008 NY day (even year) - goes to you
Dec 31, 2008 NYE (even year) goes to you
Jan 1, 2009 - NY day (odd year) goes to father
it's like christmas - you get one day, he gets the other...
2007-12-30 17:16:01 · answer #6 · answered by allrightythen 7 · 1⤊ 2⤋
The family law attorney above is correct, can't you give him his day to keep it fair? Besides, if the kids live with you a majority of the time, you can in deed allow it. Just be happy you have an interested ex, many men give 2 $hit$ about their kids.
Mary in Beulah, MI.
2007-12-30 19:56:28 · answer #7 · answered by maryannmccarthy2003 6 · 0⤊ 0⤋
That is just way to confusing for me.
2007-12-30 17:12:25 · answer #8 · answered by Katie 3 · 0⤊ 0⤋