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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 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.



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Customer: replied 7 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 7 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 7 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 7 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 7 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 7 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 and 5 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
I do, just cant decipher legalese! Thanks
Expert:  Ely replied 7 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…”
















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