How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87190
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I have a question. Im a Dad... I am supposed to have my

Customer Question

I have a question. I'm a Dad...
I am supposed to have my children next weekend, May 7th-9th. Since they have year round school, the preceding week, May 3rd-7th are "holidays" as defined on school calender. Normally, I could get them then on Thursday after school (If Friday is a holiday,and it IS defined as holiday on school calender) and have them through the weekend. However, May 9th is Mother's day, and this falls on my weekend to have kids. The decree reads referring to Mother's day...and my ex-wife's rights
"Each year beginning at the time school lets out on a Friday preceding mOTHER'S DAY, AND ENDING AT 6PM ON Mother's day, PROVIDED THAT IF SHE IS NOT OTHERWISE ENTITLED UNDER THIS STANDARD POSSESSION ORDER TO PRESENT POSSESSION OF SAID CHILDREN, she shall pick up said children after wschool beginning at the time school lets out on the Friday until school is back in session on the Monday following Mother's day weekend. What does capitalized clause mean?Can I have them or not?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



That capitalized clause means that on mother's day week, she keeps them for the weekend due to the mother theme of the holiday. You get the same thing - an extra visitation - for FATHER'S DAY (check the order for a pleasant surprise).

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”






















Customer: replied 4 years ago.
Father's day weekend this June falls on my weekend, but the ex has planned to take them out of town, so I wrote a request for extra days in the summer. (This happened when we are on better terms. I own a nursery and make money in the spring, so she has now filed another motions against me, as is the case every spring) She agreeed to the extra days, but if she gets her Mother's day despite it being "my" weekend, can I take back my Father's day then, despite her having plans to take them out of town?
Also, per decree, reads as follows "During the weeks when school is in session, and during the periods when (my name) does not have possession, and on the Thursday preceding the weekend when (my name) does not have possion, (my name) begins possession of said children at the time school lets out on thursdays and ending at 8pm that same night, delivering said children back to the residence of (ex) by 8pm." So, can I have them on Thursday preceding Mothre's day if my weekend has been taken away?
(Thursday and that whole week before Motehr's day vare school holidays for year round school) I think I should get then Thrsday at 6pm, and she gets them Friday-sun.for Mothers day...she says no...but has not consulted attorney. What do you say after reading this?


Expert:  Ely replied 4 years ago.
Look - the court orders override any agreement you two make if one of you backs out. So if you choose to double back on the dad's weekend and demand it, I won't say you can't if it is in the decree - whatever agreement you made between yourselves be damned. Point is - the decree is supposed to be the bedrock. If the parents can amend it INFORMALLY to make it work for them, all the best. If NOT, then you fall back unto it, and that's what it seems like you are doing.And yes, if you can have them that weekend, she cannot take them away.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Customer: replied 4 years ago.
Thanks Eli, but what about the Thursday? According to decree, I get them every thursday, even on weekends that I do NOT have possession. Next Thursday is a holiday, but that shouldn't keep me from having them, right? IF it had not been Mother's day weekend, I would have gotten them Thursday at 6 and been able to keep them thru the weekend, since Friday is a holiday anyway...need to know if I can stiil keep tHURSDAY.
Expert:  Ely replied 4 years ago.
If it's mother's day, then the holiday provisions override normal scheduling. So ordinarily you'd get the child, but not on mother's day if mother's day fits into your visitation. But you are guaranteed father's day even if it is not your turn. So May 9, 2010 - she does get them.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Customer: replied 4 years ago.
But what about the Thursday, court says I get them Thursday..whether my weekend or not
..can I still get them next Thursady at 6pm...and give em back to her on Friday of Mother's day? Just need that answered and I'm done. Thanks
Expert:  Ely replied 4 years ago.
No worries.YES you get them every Thursday and then every other weekend (1, 3, and 5) standard. The Thu is EVERY week. HOWEVER, during mother's day, she gets to keep the children (holidays override regular visits). Do you not have a copy of the decree? You can get one and that would make things easier to understand.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87190
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I do, just cant decipher legalese! Thanks
Expert:  Ely replied 4 years ago.
I hear ya. Good luck and I wish you peaceful means of getting along with your ex in regards XXXXX XXXXX

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney