Tuesday, December 30, 2014

Every Other Weekend

Last week I talked about schedule conflicts in visitation orders located here.  I have had the issue come up in another context.  I reviewed an order from a case that is currently up on appeal.  The trial counsel drafted the order to read that the noncustodial parent gets visitation every other weekend.  Two issues:  (1)  does this apply during the summer and holidays; (2) whose weekend is it after the holidays are over?  Even though the case is on appeal, we are attempting to get the court to issue a clarification on that because issues are already arising as a result.  Personally, I feel the preferred method is to have the order say every 1st, 3rd, and 5th weekend with the holiday visitation overriding the weekend visitation.  It is also helpful to say the first Friday of the month counts as the first weekend.  (i.e. some creative difficult parents will try to say it is the first full week of the month instead of the weekend).  This also makes it where if the parties ever get off schedule, it can easily be determined whose weekend it is.

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