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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1482
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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Question about family law, my ex and I have a schedule for

Customer Question

Question about family law, my ex and I have a schedule for placement of our child. It reads that at the end of the school week summer vacation starts, now my question is does the school week end the last day of school, reason being is that we have Tuesday night visits that he wants to enforce and that weekend, but school ends on a Monday.
Submitted: 8 years ago.
Category: Family Law
Expert:  Amber E. replied 8 years ago.
I can not tell you when the school week ends, because that is something that must be decided between the two of you or by the court that has jurisdiction over your case. One judge may say it ends that week, the other may say it ends the last day of school.

What I can tell you is that custodial parents are typically encouraged to interpret the schedules generously in favor of the non-custodial parents, where such interpretation is reasonable and feasible under the circumstances. This is especially true here, where you have a question about the interpretation of that schedule, but you do not have the resources to bring it back before the court to decide. In any case, you should consider the pros and cons of allowing the visits, as well as the pros and cons of denying them. I say that because, if you deny the father his rightful visitation and he takes you to court then you will have to explain yourself to the judge. Not wanting to be "pushed around" will not be deemed a good reason. However silly he is being, you have to be able to justify your behavior.
Customer: replied 8 years ago.
Our normal schedule is he gets her every Tues, and 3/4 weekends, and the first week of summer break alternating weeks after that. Now I contend that the week ends on the day school ends, he wants the Tues, and weekend, the reason I oppose is that I will not see my child for like 9-10 days because he will get the weekend and then also the first week of break. So I just want to know what, or if any higher court has stated what constitutes an end to a school week. He is going to court and also wants me to pay his lawyer fees, so its important to me that I know what other courts have decided.
Customer: replied 8 years ago.
Our normal schedule is he gets her every Tues, and 3/4 weekends, and the first week of summer break alternating weeks after that. Now I contend that the week ends on the day school ends, he wants the Tues, and weekend, the reason I oppose is that I will not see my child for like 9-10 days because he will get the weekend and then also the first week of break. So I just want to know what, or if any higher court has stated what constitutes an end to a school week. He is going to court and also wants me to pay his lawyer fees, so its important to me that I know what other courts have decided.

Expert:  Amber E. replied 8 years ago.
I'm sorry, but there is no case law on what constitutes a school week. This is because schedules are determined on a case-by-case basis.

Moreover, at the hearing, the issue will not be "what is a school week"; the issue will be whether the child should spend this additional time with her father or not. The court will hear both your arguments against it and the father's arguments for it and make a decision based on what is in the best interest of the child. If the father is not the primary custodial parent, then it is possible that the court will determine that it is in the best interest of the child to spend that time with her father.

Ordinarily costs are split equally and each party is responsible for his/her own legal fees, unless one party or the other is being unreasonable in the eyes of the court.

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