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1. Do you have primary physical custody ?
2. What is the present summer arrangement without the 2 one week periods ?
3. Is the present summer arrangement by Court Order ?
4. How old are the children ?
i have primary physical custody, the present summer timeshare is a bit convoluted and it was just awarded by the judge in november. my ex has 4 four day blocks of time in june and july and one 4 day block in august as this is the time he is off of work. the judge order father shall get 2 one week time periods in the summer. that order was in put in place in november. my boys are 9 and 8. my ex is trying to take the current scheduled 4 day blocks and adding the additional time to the front end and back end, he is asking for july 10 thru the 19, then the boys are back with me for 2 days, then to him for 4 days. then he wants the final 2 weeks in summer (august) before school starts, which is 12 days. i am extremely upset and worried
I do not give "stock" answers, I draft each Answer according to each of my Customers' facts. I apologize if I did not have an Answer for you immediately after you sent your reply, but the website is experiencing some technical problems and I just now received your reply would be glad to continue to assist you, but need a bit more information, or I can opt out of your question and you can receive a fast, generalized answer from another expert. If you would like me to continue to assist you, I need the following additional information:
Kindly number your answers to correspond with each question:
1. Why did the Judge add the additional time, i.e., did the father file a Petition to Modify the summer arrangement set back in November, how ?
2. Do the boys go to summer camp ?
3. If you work, when is your vacation taken ?
1 i filed a motion to modify custody and get wednesdays back which i was awarded. i asked for summer timeshare as there was none in place for either of us
2. they do not go to summer camp, i work from home and they are able to stay with me
3 i take vacation when i can however with the new schedule i have limited time and the father is taking most of the summer
Thank you for your additional information,
You stated in your facts and in your first reply that the father already had some time awarded to him:
"... the judge awarded 2 one week time periods during the summer, my ex is trying to add that time to already existing time .......... "
Your first reply, you stated there was an Order entered in November:
" the judge order father shall get 2 one week time periods in the summer. that order was in put in place in November.......... "
You stated in your second reply that there was no summer timeshare for either you or the father:
" i filed a motion to modify custody and get wednesdays back which i was awarded. i asked for summer timeshare as there was none in place for either of us.........."
In any event, whether there was an Order already in place, or not, I do not think that the Judge meant to deprive the children of spending part of their summer vacation with you as their mother. I say this because I have been practicing domestic relations law for 25 years and from what I have seen, read, and experienced, Family Court Judges encourage the children to have a relationship with both parents and would not cut into the vacation time of one parent in favor of the other parent. I think that more than likely, the Judge did not study the file as well as he should have, if at all. What you need here is clarification of the summer timeshare schedule. You would do this by filing a "Motion for Clarification of Summer Timesharing". In your Motion, you would state what was awarded to each parent in November, what was awarded by the current Order, what the father intends to do, that such arrangement is inequitable, unjust, and highly prejudicial to your summer timeshare rights, and include both Orders as Exhibit "A" and Exhibit "B", respectively. In the "Wherefore" clause at the end, you would ask the Court to clarify the ambiguity of these two Orders and to "...give such other and further relief as this Honorable Court may deem just and proper...:" If I were in your position, I would file this Motion in person, as soon as possible, and ask the Court Clerk for an "Expedited Hearing Date" because summer is just around the corner and this clarification and resolution is needed before the children's summer vacation from school starts,
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is there anyway i could get clarification? im sorry if my statements were confusing there is a lot of history here that i feel is very important. first we were divorced in 2006, no summer timeshare was put into place immediately we were told to mediate that but when i scheduled appointments (3 in total) he never showed up. There was NO timeshare in place for summer until November 2012 when I took my ex to court to modify custody and get wednesdays back at that point the judge ordered he get 2 one week time periods. Along with the calendar in place for the summer (again ordered in November) my ex is trying to ask for the additional 7 days be added to already scheduled times, thus giving him 13 days two months in a row. It is a very confusing schedule and is causing problems. My question was what are my chances of not allowing that?? he has now filed a new motion to get the judge to allow him to take this time as that is his interpretation of the schedule, to add those 14 overnights to already scheduled time. so we are going to court, i needed advise on how to proceed and what are the chances that he will get this. please help, thank you
Okay, let me see if I understand you correctly, so that I can give you a more accurate Answer,
You are saying that in November, 2012, the father was given 2 blocks, each consisting of one week, then at the same time (November, 2012) he was given an additional 2 weeks timeshare.
1. He wants to combine his summer timeshare so that he gets two weeks in a row in say, July, and another 2 weeks in a row in August, Is that correct ?
I am kindly asking that you number your answers to correspond with the questions
2. And, if my understanding is correct, your question is, "What chances do you have of preventing this ?" Is that correct ?
3. Do you have an alternate proposal to present to the Judge ?
1 - no that is not correct and again i sincerely apologize. as my ex is a paramedic he works 2 on and 4 off, we have an every other weekend type of scheduled from friday to monday on the weekends he is off, but in summer he has a 4 day block of time every other week on the days he is off. In addition to putting that schedule in place (in the november ruling) the judge said father can have 2 one week time periods. so he is taking a few days before his 4 day block and a few days after his 4 day block to make the additional days he takes total the 7 but adding to the 4 and for some reason is wanting a few more for 13 in a row, he is manipulating the time to do this twice in july and august, i would end up without seeing the boys from july 10th through the 20th and july 31st through august 12th when school starts
2 - what chances do i have of preventing his manipulation of the timeshare?
3 - i dont know what else to propose to the judge other than, the 4 day blocks were designed to give him several different opportunities to add 3 days to them to make it a full week. he can do that twice, or take the full 14 days all at once.
Please give me a moment and I will be right with you,
ok thank you
Thank you for your patience, and your additional information and clarification,
I would be very surprised if the Judge granted his Motion for the reasons I stated in my previous Answer - Family Court Judges do not want to favor one parent at the expense of the other parent because this would not reflect their ideal or their philosophy of promoting a relationship with both parents. If the Judge were to award the father what he is requesting, he would be doing so at your expense because you would barely have the children at all during their summer vacation.
In order to prevent this from happening, you must file a "Motion in Opposition to Plaintiff's Motion" as soon as possible so that the Judge will see it, read it, and take it into serious consideration when making his or her decision. By the Rules of Civil Procedure, anything which is not denied by a party, is deemed "Admitted". Therefore, if you do not file an Answer, the Judge will assume that you have no objection to the father's requests in his Motion, and include the reasons that I stated in my previous Answer, i.e., If this Honorable Court granted Plaintiff Father's Motion, such arrangement would be inequitable, unjust, and highly prejudicial to XXXXX's summer timeshare rights, and would effectively deprive her of these rights". You should include the Order of November, 2012 as Exhibit "A" and attach it to the back of your Answer in Opposition.
You might also want to include the fact that, "In providing the timeshare already Ordered by this Honorable Court, it was not its intention to bestow benefits on one parent at the expense of the other parent, yet this is exactly what Plaintiff is requesting of this Honorable Court."
In the "Wherefore" clause at the end, you would ask the Court for the following relief with words to the effect as follows,
"Wherefore, Defendant Your Name respectfully XXXXX XXXXX Honorable Court Deny Plaintiff's Motion, enter an Order setting forth the exact days to which Plaintiff shall exercise his rights to vacation timeshare with the aforesaid minor children, and to give such other and further relief as this Honorable Court may deem just and proper.
You should file the original of your Motion in Opposition in person and as soon as possible, and, if no hearing date has been set, ask the Court Clerk for an "Expedited Hearing Date" so that there will be no misunderstanding on the father's part and he will not have the opportunity to make believe he does not understand and come for the children sooner than he is supposed to.
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