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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My fiancé is going through a divorce. He doesn't have a lawyer

Customer Question

My fiancé is going through a divorce. He doesn't have a lawyer because he can't afford one, but his wife does. They have an agreement (not through the court yet) about custody of their 15 year old son. The father gets every Monday & Tuesday & every other Friday, Saturday & Sunday. The Mother has ever Wednesday & Thursday & every other Friday, Saturday & Sunday. They also have divided the holidays. For instance, the Father gets Father's Day every year & the mother gets Mother's Day. Both Mother's Day & Father's Day fall on the father's weekend every year until the child turns 18. The mother's lawyer is saying that the father has to give up the child on Mother's Day, but will not receive a "payback day" in return. The lawyer is saying he will have to eat all the days & that is the law & if he doesn't like it to bring it up with the judge. The have been trying to get divorced for 2 years and it taking forever. They just had a court appointment to make an appointment to make an appointment. Does that make any sense? Anyway, he wants to know if this is the case according to the law or if he can indeed get a payback day for the time he is out?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Thank you for allowing me to assist you.
His rights depend on the actual, court ordered agreement. Since the agreement is not a court order yet, his rights are not determined. He can insist that he will only agree to the schedule if he gets make up days. Then the wife can either agree or refuse. But whatever the final agreement is determines his rights. In general, however, when a parent has to give up a weekend day because of an assigned holiday, it is unheard of for that parent to get make up time. It doesn't mean it can't happen, I've just never seen or heard of it happening.