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I have 50/50 custody her dad has her Monday thru Friday I…

I have 50/50 custody...

I have 50/50 custody her dad has her Monday thru Friday I get her every weekend then one week on and one week off in the summer time court order says in the summer Sunday at 6 to Sunday at 6 but she gets out of school on may 31 which is a Thursday

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My question is does that mean he keeps her until Sunday at 6 or do I get her on Friday and keep her until Sunday

Lawyer's Assistant: Family law varies by state. What state are you in?

Va

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Guess not am I actually going to be able to talk to one

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Answered in 4 minutes by:
5/26/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,332
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. Do you have a copy of the Order I can review, please? You may have to attach one page at a time, or you can take pictures and do attachments that way.

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Customer reply replied 2 months ago
We are fight about if I get her Friday until Sunday or does he keep her until Sunday at 6pm
Customer reply replied 2 months ago
No I don't right now
Customer reply replied 2 months ago
Court order says father has child Monday until Friday at 6 mother to have child every weekend. In the summer child is to be have one week on and one week off starting Sunday at 6 and ending following Sunday at 6 my question is since school is over on a Thursday when does summer schedule start does he keep her Thursday to Sunday or do I keep her Friday through Sunday
Customer reply replied 2 months ago
Hello

Sorry, I was assisting another customer. Please just give me a moment to review what you wrote.

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Customer reply replied 2 months ago
Ok thanks

Generally, summer visitation begins with your normal visitation schedule (unless otherwise stated in your agreement). So for example, if you normally get your child at 6 pm Friday, then you wouldn't have to wait until Sunday, visitation begins at the normal time. To do otherwise would deprive you of a couple of your visitation days. However, I agree it can come across "clear as mud." Either one of you could always file a "Motion to Clarify" with the court if you want a judge to formally clarify what their intent was, but personally, I think that's a waste of time and legal fees in this instance. Time with a parent is never a bad thing, and the other parent surely gets plenty of time with your child as well. Ideally, courts want BOTH of you to have time with your child, including in the summer.

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Customer reply replied 2 months ago
I thought my time would start on Sunday at 6 which is fine with me I would get her until the following Sunday
Customer reply replied 2 months ago
They are saying I have to get her at 6 on Friday and return her Sunday at 6 how is this right if it is

Typically it begins with normal visitation time but you and the other parent can, of course, agree between yourselves to have it start on Sunday. It's not like you're talking about weeks of time -just a couple days ultimately. I'm just saying that a court doesn't want to take time away from a parent if they want it and are entitled to it.

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Customer reply replied 2 months ago
they are right then??
Customer reply replied 2 months ago
does that mean I keep her from Friday to the following Sunday or return her that Sunday

As written, your normal visitation time starts on Friday, yes. If it said something like "Summer visitation shall begin the Sunday after school gets out, and visitation for that week will commence with that Sunday" that would be different -but as written the typical interpretation is that visitation commences at your normal time.

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From Friday to the following Sunday.

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Customer reply replied 2 months ago
It's does say summer visitation starts at 6pm on Sundays only when school is I I get her Friday and return her to school Monday

Right, but you see it doesn't say that your normal visitation is forfeited. That's why I said you get Friday to the following Sunday, instead of just the Friday to Sunday like when school is in session.

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Customer reply replied 2 months ago
Oh I get it now
Customer reply replied 2 months ago
Ok thank you that's what I needed to know

You're very welcome. Happy to help! Please remember to leave a positive rating by clicking on the stars at the top of the page. Thank you.

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,332
Experience: Experienced in multiple areas of the law.
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RobertJDFL and 87 other Family Law Specialists are ready to help you
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Customer reply replied 2 months ago
I have the court order would u like to see it...I talked to u the other night

Sure, happy to take a look.

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Customer reply replied 2 months ago
Here it is
Customer reply replied 2 months ago
Did the document come through on your end??

What's interesting about this Order is that it says "by agreement of the parties" -so you and the other parent did apparently agree on custody, but had a different interpretation as to the situation here.

Reading this though, I can see what you were trying to tell me. If school had ended on Friday anytime other than the second weekend of the month, when dad has her, your visitation would have started then, and run right into the summer visitation, and you would have your child from that Friday until the following Sunday (a week + 2 days), because you'd be in this quasi-school/summer period.

School ended Thursday, which means you and dad are now following the summer schedule, alternating weeks, from Sunday at 6 pm to Sunday at 6pm. What this Order also doesn't say is who gets the first week, but if this would have been your weekend anyway, then that's normally how these Orders are handled.

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Customer reply replied 2 months ago
Very confusing I think
Customer reply replied 2 months ago
I should really get her Sunday at 6 pm then? Not get her Friday and return her Sunday like he says

It is very confusing. It should have been drafted better because clearly the two of you have a different understanding of how things would work, but now I see what you were saying.

If school ends Thursday, you're no longer on the school visitation schedule -if you were, you'd only have her Friday to Sunday. Once the child finishes school, you rotate weeks, each getting her from Sunday 6 pm to the following Sunday at 6 pm. Since this would have normally been your weekend anyway had school still been going on, I think you get the first week, and pickup is Sunday.

Clear as mud, right?

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Customer reply replied 2 months ago
Right clear as mud but thank you so much for your time and advice especially being a holiday weekend.

Oh, it's my pleasure. I'm sorry for all of the confusion. I appreciate you hanging in there with me and the opportunity to help.

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Customer reply replied 2 months ago
No problem at all
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