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Lucy, Esq.
Lucy, Esq., Attorney
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Re: Visitation and Summer Vacation. Childs father has chose

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Re: Visitation and Summer Vacation.
Child's father has chose weekend of 13-14 July to supersede my weekend. He will be vacationing the week before and following 13-14 July, but he also thinks he can take away my week of vacation that I have reserved for June 29 - July 6th. Yes, it's his odd year to have 4th of July, unless it's part of my vacation is what I understand. Not only does he want 4th of July that week, but July 3rd as well. He thinks since he made his election prior to 1 May, he is entitled to any summer vacation time he chooses, leaving me to choose from what's left over. He has primary custody, and she sees mom every-other-weekend, spring break, 1/2 Christmas break, and the 3 weeks of summer.

Our agreement is worded like this exactly:

Each year, Mother shall have three weeks summer vacation;
each year, Father shall have the right to supersede one of Mother's summer weekends;
Mother shall have first choice of her summer weeks (as opposed to Father's right to
choose a superseding weekend) in even-numbered years; however, Father shall have
the first choice of his superseding weekend (as opposed to Mother's right to choose
vacation weeks) in odd-numbered years; each year, the person with first choice shall
•make his or her election(s) by May 1, and the person with second choice shall make his
or her election( s) by June 1.
Unless the time is part of a vacation period of the other
party, Mother shall have the right to July 4 in the even years and Father shall have the
right to July 4 in the odd years. The holiday shall commence at 11:00 a.m. on July 4 and
continue until11:00 a.m. on July 5.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Based on what you've written, the father is allowed to choose any weekend he wants to supersede your visitation and plan his vacation - which he had done. If he already made his selections in accordance with the agreement, and you chose your dates by June 1 (which you must have done, considering that we're still in May), he cannot change his requested dates. July 3 is not a holiday and there is nothing in that agreement that would allow the father to insist on custody during that day if the mother had already scheduled vacation in accordance with the agreement.

If the agreement states what you have said it does, then you are reading the agreement correctly. A mediator should agree with your interpretation. One way to resolve the issue is to agree to go to mediation. That would help you avoid a situation where you were ready to go on vacation and the father refused to allow you to pick up the child. Even though you ultimately are right, you would likely have to go back to court at that point, which could cause additional expense and might cause you to miss your vacation entirely.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for the quick response; it was the reasurance I was looking for. Yes, those words were copy and pasted, so that's how it reads.


I'm happy to pay! Appreciate your help.


 


Amy

You're very welcome. I'm glad I could help. Good luck.
Customer: replied 3 years ago.


One more thing I don't think you made clear; according to the agreement, that's it is father's odd year for July 4th, but it is during my vacation week, right dab in the middle; do I need to return her to him July 4th?


 


The agreement does say, "Unless the time is part of a vacation period of the other party, Mother shall have the right to July 4 in the even years and Father shall have the right to July 4 in the odd years. The holiday shall commence at 11:00 a.m. on July 4 and continue until11:00 a.m. on July 5.

The language that you pasted says that the mother can have the child on July 4 if July 4 falls on the mother's scheduled vacation week, even if in the odd numbered years. That means that, as long as the request is submitted in time, you're allowed to ask for the child over the holiday.

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