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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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my ex has custody on 1st , 3rd and 5th weekend of the month

Customer Question

my ex has custody on 1st , 3rd and 5th weekend of the month from after school on friday and return to school on monday. What does 1st and 5th weekend mean . If friday is the last day of the month and sat is the first day of following month then is it considered 5th weekend of prior month or 1st weekend of this month. Similarly if saturday falls in one month but sunday falls in teh next month what would it be considered. Please specify some examples with dates to clarify.
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

The 1st, 3rd, and 5th are written to account for months that have 5 weekends. In most situations your ex will only have the 1st and 3rd weekend then you will have the 2nd and 4th weekend. The 5th weekend only comes into being a factor for a month contining 5 weekends such as October. Today is the 1st weekend though Friday was actually the 30th of last month.
Customer: replied 5 years ago.
thankyou sir , can you please also clarify please clarify if friday and saturday fall in end of one month and sunday fall on ist of next month then would it be considered 5th weekend or 1st weekend.
Expert:  Daniel Solutions replied 5 years ago.
The new example would be an example of December 2011. The last weekend Dec 30, 31, and Jan 1st would be the 5th weekend. However, keep in mind that this specific weekend I mentioned falls within Christmas and New Years so if your agreement/order has specific holiday terms, those holiday terms would override your standard visitation agreement.

I hope this helps.

Have a good night.
Daniel Solutions and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
thankyou sir this helps... I have another question and I want to ask you urgently.... my ex is aking me to pay him 1/.2 the rental value of teh family residence as I am living in teh house. I had been paying the mortgage but now when I cannot afford I stopped it. the would be short sold, he has no intention of paying the mortgage but wants to collect rent from me as I am staying in teh house. Pleaase help me on how to respond to this. also is it lega to ask teh co-owner 1/2 teh rent when the mortgage is also not paid by either parties and teh house would be short sold. Please help.
Expert:  Daniel Solutions replied 5 years ago.
It is the JustAnswer policy to create a new link for each separate question.
If I have answered your original question I ask that you accept it.

Your new question answer depends upon whether your exhusband was awarded the house in the divorce and several other factors.

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