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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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My divorce papers clearly state that wife gets child every

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My divorce papers clearly state that wife gets child every odd easter. since its an odd year, do i have to let my exhusband have the child for easter since i had her last year, on his even year?
I am a family law attorney and I'd be happy to help. Just a couple quick questions before proceeding. Were you still married last Easter? If not, then what was the reason that you had the child last Easter? Thank you.
Customer: replied 3 years ago.

We were not married. I'm honestly not sure as to why I had her. He is rarely ever home. He has supervised visitation and his mother, grandmother, or brother have to be with him at all times. I think we swithced one year, per his mothers request to better fit her schedule. The reason I ask this question is because when I picked her up Sunday for her regular visitation, my exhusband said that he was just going to let me keep her this year(he did not explain why and I did not ask). Now he decides he wants her and expects me to drop our family plans. Had he told me that he wasn't sure, I would have delayed my plan making. I offered to work with him and let him have her from the original 9 am and said I would pick her up at 2 pm instead of the regular 6pm. He refused that. So since its my year according to the papers, do i have to accommodate him?

If there was some reason for the switch (an agreement, some kind of quid pro quo, etcetera), then you would need to give him the child this year. However, if there was no apparent reason for you having the child (other than, perhaps, he did not want to exercise his time-sharing), then there would seem to be no reason that you cannot exercise your time-sharing this year and have the child for Easter.

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