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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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There was a guardian ad litem attorney involved in my child

Customer Question

There was a guardian ad litem attorney involved in my child custody case. As part of his final report he stated that all holiday and vacation time are to be shared equally between both parties. I interpret that to include summer vacations. My ex does not
and states I should have one week in summer. My lawyer has drafted an order from the last hearing stating that we would meet with the guardian ad litem together to decide in the implementation of this schedule. I do not feel comfortable agreeing to this order
until I have clarification on what the guardian attorney meant by the equally shared time. I have asked both my attorney and the guardian attorney and received no clarification. I am bring pushed to agree to this order. Is it reasonable for me to holdback
my agreement to the order until I get further clarification.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I suggest you are correct. Vacation shall include summer vacation. And yes, you can get clarification from the GAL. Generally, this is spelled out in the order. But when it is not, then I suggest you seek clarification as to what parent will have the children during summer vacations, giving notice of what dates they want to have the children at least 30 days in advance, etc.

Expert:  Samuel II replied 1 year ago.

Many times, parents will agree for the 5 or 6 or 7 weeks of summer vacation based on odd or even years. Or they can divide it equally with dates being determined at least 30 days before that vacation begins. And as long as it does not overlap with certain holidays that the other parent is to have, etc.

Customer: replied 1 year ago.
Shouldn't I have that clarification before I agree to an order that is telling me to go meet within to determine the schedule?
Expert:  Samuel II replied 1 year ago.

I suggest yes. That is correct. If you agree to only one week, then later you will need to have that modified through another proceeding. And in that regard, I suggest it is most prudent to have a firm definition of what is being meant by "equally share" as it pertains to Summer Vacation.

Expert:  Samuel II replied 1 year ago.

The Term Vacation should be defined.

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