In the divorce decree, does the Thanksgiving/Christmas visitation schedule take precedent over the regular weekend schedule? 21 Answers as of April 11, 2013

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?

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Law Offices of Frances Headley | Frances Headley
The holiday agreement is normally interpreted to override the regular visitation schedule.
Answer Applies to: California
Replied: 12/5/2012
Victor Varga | Victor Varga
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
Woods, May & Matlock, PC | Robert J. Matlock
The holiday possession schedule is superior to the weekly schedules.
Answer Applies to: Texas
Replied: 12/5/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
You are correct.
Answer Applies to: Alabama
Replied: 4/11/2013
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
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
    John Russo | John Russo
    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
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    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
    Law Offices of Ward F. McDonough, Jr. | Ward F. McDonough, Jr.
    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
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    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
    Derik Girdwood Law Office
    Derik Girdwood Law Office | Derik Girdwood
    Usually holidays trump normal visitation.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    The Law Offices of Tres A. Porter | Tres A. Porter
    Usually, the Order will specify exactly the start and stop of specific Holiday visitations (ex. Thanksgiving will be defined as the Wed. before Thanksgiving at 6 p.m. through Friday after Thanksgiving at 6 p.m. and shall alternate with Father having odd years and Mother having even years OR it will be something like split into two periods commencing on ??? at ???p.m. for first period and second period from ??? through???) The specific paragraph for Thanksgiving (or whatever the holiday is) takes precedence. You should consult with a family law attorney as soon as possible to help make certain you are reading and understanding your order correctly.
    Answer Applies to: California
    Replied: 12/4/2012
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Yes. Those holidays take precedence over regular possession times.
    Answer Applies to: Texas
    Replied: 12/4/2012
    LAW OFFICE OF JON RATHJEN | JON LAURENCE RATHJEN
    Ideally the order itself should contain language as to whether holiday visitation prevails over a regular schedule. In the absence of language either way I believe most judges would say the holiday schedule takes precedence.
    Answer Applies to: California
    Replied: 12/4/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    Holiday schedules supercede standard possession weekends.
    Answer Applies to: Texas
    Replied: 12/4/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Usually, the holiday schedule will take precedence over the regular schedule. The parenting time schedule should specify which holidays are spend with each parent and this would control. If this becomes a problem, this issue can be raised in Court and clarified. Consult with an attorney to discuss in further detail.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Usually the major holiday rules take precedence. Thanksgiving and Christmas are alternated .
    Answer Applies to: California
    Replied: 12/4/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Vacation and holiday time take precedence over regular visitation.
    Answer Applies to: California
    Replied: 12/4/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Usually.? If you have a Friend of the Court office, call there and see if they have a parenting time specialist you can ask if the Judgment does not answer your question This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Holidays supersedes regular placement. I don't know what the holiday is defined as in your paperwork but a normal thanksgiving would be after school the last day of that week until either Friday night or Sunday night depending on what your paperwork indicates.
    Answer Applies to: Wisconsin
    Replied: 12/4/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes, the holiday schedule is to be followed.
    Answer Applies to: Florida
    Replied: 12/4/2012
    Ezim Law Firm | Dean Esposito
    Yes it does. All holiday visitation takes preference over regular weekend visitation.
    Answer Applies to: Louisiana
    Replied: 12/4/2012
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