december and standard visitation

The holidays are in full swing as we are wedged between Thanksgiving and Christmas. ¬†I hope you all made it through Thanksgiving intact and didn’t put on to too much weight. ūüôā

The weekend visitations begin tonight (or last night if you have Thursday overnights) December 3rd.  December 17th will be the next and last scheduled weekend visit as the 31st (5th weekend of the month) will be swallowed up by the Christmas holiday visitation.

The Thursday visits (or Wednesdays if you have an old order) will continue all month until you reach one that is within the holiday visitation.  There will be no more weekday visits this month following that as we will be in the Christmas holiday.

Under a standard possession order, this was the custodial parent’s Thanksgiving, so it will be the visiting parent’s Christmas. ¬†The holiday will begin when the child is dismissed from school for the holidays or at some set time such as 6:00 p.m. Check your order. ¬†It will continue through December 28 at noon (newer orders) or December 26 at noon (older orders). ¬†The custodial parent will then have them until school resumes after the Christmas holiday. ¬†Once they return to school you will return to the standard weekday and weekend visitation schedule.

In looking at the calendar I do not see any potential major conflicts or problems with the holiday schedule but that will all depend on when your particular school district lets out. ¬†Even then it would probably only be the Thursday visit where it would arise. ¬†If problems do arise, do something special for your kids this Christmas and work it out with the other parent. Don’t fight, don’t argue, just work it out this one time.

If you missed the post a while back about cooperative parenting from one of my readers you can read it here.

If I get too heavily distracted this December and don’t post…have a merry Christmas!

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5 Responses to december and standard visitation

  1. JD December 17, 2010 at 4:43 pm #

    My fiance has a standard possession order for two of his children, age 5 and 8. He also has a separate possession order for his daughter who is 2. We want to know how his visitation with his 2 year old works during the Christmas holidays. He has the two older children from 12/17-12/28. He has the 2 year old on Christmas Eve morning through Christmas Day evening. Is he entitled to his regular visitation with the 2 year old during the holidays since she is on a differing schedule, or do the holidays supercede his visitation with her, even though she is not on the same holiday possession schedule as the two older children? Confusing, I know, but need an answer as we are very confused with regards to the lack of clarification in the MSA.

  2. Chris Schmiedeke December 20, 2010 at 8:12 am #

    You really need to address this with a lawyer. You refer to an MSA, but is there an order? Are these kids from the same mother? Holiday possessions supersede any weekend or weekday possessions. You need to take your order to an attorney and have them explain it to you.

    Good luck.

  3. Victoria Garcia December 29, 2010 at 7:03 pm #

    Bearing in mind that the holiday is now over, I’m posting this comment just for future reference: Is the possession order for the two year old a temporary or an interim order? I remember my husband having a temporary possession order for his son, before he was awarded primary custody, and the temporary orders did not have a separate provision for the holidays. His possession periods were 9 a.m. Saturdays through 6 p.m. the following Sunday, period. No exceptions for holidays, birthdays, Mothers/Fathers days. That particular year that he had that temporary order, Christmas day fell on a Sunday. His ex-wife threw a major temper tantrum over not getting their son back until 6 p.m. She had assumed that there was some sort of holiday provision, but there wasn’t. We probably would have worked with her if she had given us any consideration at all for Thanksgiving day or the child’s birthday….
    Anyhow…Chris is right, consult an attorney. We had to do just that to make sure that we were within our rights to have possession of my step-son as stated in the TPO. What I would do (not being an attorney, nor any other legal professional) is to scrutinize your possession order with a calendar in hand and determine the proper possession periods to the best of your ability. If the child’s mother agrees that this your correct court ordered possession period, great! If not, go ahead and get legal advice.

  4. AR March 8, 2011 at 4:33 pm #

    I have a 21 month old. We have been to court and have a Satandard Possession Order. We have joint with me as primary. The father and I live over 100 miles (barely). The most recent court hearing, the judge was upset with both of us because the father and I were not getting along and I had to take matters into my own hands and deny visitation for 3 months due to drug allegations on the father. The DA dropped the case against me before it went before a grand jury. I filed a case with CPS due to these allegations which has also been closed. I have been ordered to drive our son up to the father for visitations. I am a full time mother, I do not have a job that pays, yet. They have also cut down the child support. The judge did not compensate for gas in the order. I am unable to afford to go back to court on this any longer. We just had the final orders set and signed. I feel like my lawyer didn’t do anything of what she was paid to do.

    All of that being said, on the SPO, I have our son for Christmas this year. The father is supposed to have 1, 3, 5 weekends. When I am supposed to have our son for Christmas vacation according to the school calendar is the 3rd weekend. I requested to change the Christmas holiday to be divided by Christmas Eve and Day between the father and I that alternate. That request was denied as well. How is it decided on the Christmas vacation when I am supposed to have our son? The last day that I am supposed to have him is the 28th.

  5. Chris Schmiedeke March 9, 2011 at 8:05 am #

    Holiday visitations trump the weekend visitation, meaning that the holiday visitation takes priority over, and removes, the weekend visits. I have other posts on my site about holiday visitations.

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