Legal Question in Family Law in California

i am having trouble with visitations, i am the custodial parent and the noncustodial parent refused to give the children back during Christmas break claiming that she had them for the first weekend even though winter breaks scheduled stated that i have them.


Asked on 1/04/14, 7:49 pm

1 Answer from Attorneys

I had this same problem with my ex. Unless it is precisely and clearly stated whether the weekends at the beginning and end of breaks are included in the breaks or are on the regular schedule, divorced parents will fight about it. The school schedules are almost universally written up as if the weekends are not part of the break, because for counting instructional days, etc., they are not. Of course that makes little real-world sense, since we live our lives as if the break is from the end of the school day at the beginning to the next school morning.

So the bottom line from a legal standpoint is that you are not going to do anything but piss off a judge if you go to court over this disagreement. Take this as an opportunity to take the high road and suggest to your ex that you make a formal agreement on how the weekends that book-end breaks will be handled. Maybe take the one at the beginning as part of the break and the one at the end as not, or just put them both in the break, or whatever. Just take the chance to make it clear for the future, and if necessary submit it as a stipulated order modifying the custody order.

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Answered on 1/05/14, 10:46 am


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