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Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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The orders regarding parenting time sayi get my daughter on

Customer Question

The orders regarding parenting time sayi get my daughter on memorial day from Friday at 6pm until the following Monday at 7pm on odd numbered years. Its says the mother will have her alll other times and holidays not granted to the defendant. It then states when a parents holiday falls on thenother parents weekend(which it does this year), the one-day holiday takes priority. This means my ex wife would only get her for Memorial Day or my whole weekend?
Submitted: 1 year ago.
Category: Family Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of practice experience. It is a pleasure to assist you today.

The fact that it specifically mentions "one-day holiday" leads me to believe that the intention of the court (though they worded this ambiguously) would be for the mother to get your daughter on Memorial Day. More specifically, the if we borrow from the mechanism of delivery, she would probably get your daughter on 6 pm Sunday and have her for Memorial Day as well.

Understand that this is ambiguous language though...meaning not cut and dry. I base my interpretation on the mention of "one-day" as opposed to more specific language like "holiday weekend". That said, her argument would be that Memorial Day and Labor Day are one day holidays that always take place on a Monday. Therefore, she could argue that she is supposed to get her for the entire weekend.

My advice is to attempt to be as amicable as possible. I would offer for her to have her the entire weekend, if she is willing to trade out weekends next weekend. If she is unwilling, then I think you have a decent argument to return your daughter Sunday night for Memorial Day the next day.

Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) on the ratings bar on your end so I can receive credit from the site for my response.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or concerns?

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