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
Generally speaking, holidays supercede regular possession times. The paragraph before the listing of holidays should say "...Notwithstanding the Possession Order..." That phrase means that holiday possession times are honored over weekend possession times.
Answer
Generally speaking, holidays supercede regular possession times. The paragraph before the listing of holidays should say "...Notwithstanding the Possession Order..." That phrase means that holiday possession times are honored over weekend possession times. You will need to read your order, to confirm the language. If not, you probably need a Clarification Order.
Answer
Apparently, this is the "new" area that people are "fighting" about. A Houston Texas facebook page has family law attorneys posting this exact question at Thanksgiving. I wonder if they were discussing your case or another case similar to yours - interesting. The concensus on that site was that since Thanksgiving was specifically mentioned in the Decree that it is superior to the 1st, 3rd and 5th week-end visits. And, if the parties ended up in front of the judge that the judge was going to give the non-custodial parent make-up time and attorneys' fees.
The case in question arose because the school did not specially call it Thanksgiving week-end because there were some "teacher days" before the actual Thanksgiving break to give the children a couple of days extra of days off from school.
This is why attorneys make money -- people fighting over silly stuff.
So if your ex wants to try to avoid you having Thanksgiving -- then let her & then go before the judge and get make-up time and ask for attorney's fees. Judge's tend not to like ex's being petty over this type of stuff. Judges want parents to see their kids - especially at holidays.
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