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That is a good question. It seems that a child's birthday is a unique event in the child's life. The question should be not one that is answered by legalities and technicalities, however, but by the will of the birthday girl.
It is always best for the child to try to have smooth relationships between divorced parents. If a compromise could be made, where the child could spend father's day with the father and the next day with the mother (with a big birthday party on THAT day), then a good solution can be reached.
It is never in the best interest of the child to make a joyful holiday the cause of a serious argument. What do you think?
You don't seem to be responding, so let me say the following. This situation should be handled in a gracious manner by all parties concerned. What trumps everything is the feelings and well-being of the child. Even if there is bad blood between mother and father, they need to have the maturity and good sense to think of the child's well-being first. If they cannot do this, then the best they can do is to abide by the letter of the law.
I hope I have answered your question, and wish a very happy birthday to your granddaughter.
Elliott Sewell, LPCC, NCC
the last part of my question I am still not clear about. I am sorry, I had a phone call while he was responding and could not continue the conversation.