Is New Year's Eve and Day an "odd" or "even" holiday this year?

Question

My divorce decree lists the holiday visitation schedule with "odd" or "even" years and which parent gets my son that year. My divorce decree reads as follows:

New Years Eve/Day
12/31 8 am - 1/1 8pm

Odd Years=Mother (me), Even Years=Father (him)

I was under the impression that 12/31/2007 was an "odd" year so I was supposed to have my son. My ex-husband, however (who had him this weekend) drove my son to another state without telling me and is refusing to bring my son back. My Order for Protection is also tied into this visitation schedule, so if he doesn't follow it, it's an OFP violation.

So, simply enough, am I right or wrong? Is 12/31/2007 8am-1/1/2008 8pm an "odd" holiday or an "even" holiday and why? I can't get a hold of my lawyer to ask her.

Part of the reason that this is important is that I'm a nurse and the schedule was supposed to be associated with my work holiday schedule. (I worked Christmas this year=father and have New Year's Off=mother).

Thanks,
Kelly

Please cite a court case, legal standard, or some definitive answer. If 50% of people say "even" and 50% say "odd", that doesn't help me. I live in MN.

Answer 1

Odd...try to work it out peacefully with love in your heart for your child by asking their desire.

My Wish for You in 2008

May peace break into your house and may thieves come to steal your debts. May the pockets of your jeans become a magnet of $100 bills. May love stick to your face like Vaseline and may laughter assault your lips! May your clothes smell of success like smoking tires and may happiness slap you across the face and may your tears be that of joy. May the problems you had forget your home address! In simple words ............

May 2008 be the best year of your life!!!

Answer 2

Ms. Minaver, you will desire to be extraordinarily bored in the present day. Me too. Whichever family individuals prepared to no longer watch soccer will come to my abode for dinner. final year I made cassera, that's an Italian stew of spare ribs, carrots, potatoes and cabbage. purely my sisters and that i myself like it. This year i'm making beef tenderloin and a few known vegetable issues like carrots and so on. we will watch a action picture or some television marathon and merely draw close around the front room. If everyone gets an insufferable longing for activities, they might circulate watch some thing in the basement till it passes. i'm going to circulate to Mass in the morning if i'm getting my butt in equipment, even though it is not a Holy Day this year.

Answer 3

It was his weekend to have him and New Year's Day is in an even year, but even then New Year's Day is not normally a holiday that parents fight over or for, usually it's Thanksgiving and Christmas.

Sounds like you may have bigger issues than which holiday you get. How long is he supposed to have him and when is he supposed to bring him back? If he's taken him out of state and doesn't have a good reason for not bringing him back, then you may have a kidnapping issue to deal with. Contact your lawyer.

Answer 4

It is the even holiday. The actual holiday is Jan 1, 2008. For visitation purposes though, it usually starts 12/31 just for practical reasons.

I don't know how your visitation schedule is, but look at it this way too. It goes every other holiday on ours. We got Christmas this year, she got Christmas Eve, so it would make sense that the next holiday would be hers then since we had Christmas, New years would be next. Then Martin Luther King Day is after that, which is ours. If we got him Christmas, New Years, and then Martin Luther King Day, we would get him for 3 holidays in a row instead of every other. Make sense?



This is how ours is broken down.

New Year Mother even Father odd 12/31 at 6:00 pm to 1/1 at 6:00 pm

Martin Luther King Day Father even Mother odd Sun 6:00 pm to Mon 6:00 pm

Presidents Day Mother even Father odd Sun 6:00 pm to Mon 6:00 pm

Easter Father even Mother odd Sat 8:00 pm to Sun 6:00 pm

Memorial Day Mother even Father odd Sun 6:00 pm to Mon 6:00 pm

4th of July Father even Mother odd 9:00 am to 9:00 pm

Labor Day Mother even Father odd Sun 6:00 pm to Mon 6:00 pm

Halloween Father even Mother odd 5:00 pm to 9:00 pm

Thanksgiving Mother even Father odd Wed 6:00 pm to Fri 6:00 pm

X-Mas Eve Father even Mother odd 12/23 12:00 pm to 12/24 9:00 pm

X-Mas Day Mother even Father odd 12/24 9:00 pm to 12/26 6:00 pm

Mother's Day Mother odd Mother even 10:00 am to 9:00 pm

Father's Day Father odd Father even 10:00 am to 9:00 pm

For all other holiday's, including religious holiday's celebrated by the family which are to be included in the above list, the parties shall alternate from year to year with the mother having the even # years and the father odd # years on those particular holiday's. For holiday's that extend for more than one day period, the parties shall divide the days as equally as possible in order to permit both parties to spend that holiday time with the children.
For school districts who have Fridays or Mondays off that are not listed in the holiday schedule, for Friday or Monday, the parent whose weekend it is shall have the option of extending their weekend companionship to include the extra day.

Birthdays
In the even # years the mother shall have the children for their birthdays on the following schedule: If the child is in school on that day, the time will be 5:00 pm to 9:00 pm, if the child is not in school on that day, from 9:00 am to 9:00 p.m. the father shall have the children in odd # years on the same time schedule.
The parenting time for birthdays shall include all the children of the marriage, not just the child celebrating his/her birthday.
The children shall spend each parent's birthday with that parent unless otherwise ordered by the court or agreement of the parties.

Answer 5

Well really New years day is the holiday...not the eve...so if youre the even parent, then you get the kid this year

Answer 6

It makes sense to me that it's an odd holiday. The holiday starts on the odd portion of the year.