Just a Lawyer in Lincoln's Hometown

November 23, 2010

Thanksgiving and Visitation

Filed under: Family Law — Chuck @ 1:00 am
Tags: , , , ,

You remember Henry and Samantha. They’re divorcing and trying very hard to being good parents to their children, Ken, age 8, and Jenna, age 6. They have worked out a temporary agreement on custody and visitation for Henry’s regular visitation. But although they had consulted lawyers, they went against advice and agreed to “alternate holidays.”

As every experienced divorce lawyer would have told them, this kind of language in a visitation schedule can lead to horrible complications. Even well-meaning people, like Samantha and Henry, can have a hard time deciphering what this means, and remembering who had what holiday.

Does alternating holidays mean that Samantha has Thanksgiving and Christmas this year and Henry has both next year? Does having Thanksgiving mean the day only, or from Wednesday after school until the end of the weekend. What if the tradition has been to go to Henry’s parents’ house, in town and only requiring a trip of twenty minutes, one year and to Samantha’s parent’s the next year, 500 miles away and requiring a couple of days?

To add to the confusion, what is a holiday? Samantha celebrate Thanksgiving, the first Sunday of Advent and then Christmas, while Henry only celebrates Thanksgiving and Christmas. What does this mismatch do to the “every other” language?

Again, because they are both trying to be good parents while, henry and Samantha talked about Thanksgiving before it came up, and remembered that both of their lawyers had said that what looked simple, wasn’t. Between them, the two attorneys came up with a schedule of holiday visitation that set out the hours and days that each parent had holiday visitation. For example, this year, an “even” year, Henry has the children from Wednesday after school, until Friday at 5:00 PM when Samantha gets them for the weekend (even if it would normally be Henry’s). The next year, and “odd” year, the schedule is reversed. The schedule sets out who gets what in odd and even years.

Now that the schedule is written down, in all its complicated detail, all Samantha and Henry need do is consult the schedule to know exactly who gets what holiday and what that means.

Chuck from Watson Law, LLC

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