Holiday Schedule

[rpdcj107]

I have a 3 1/2 month old daughter and have taken her father to court to have custody/visitation/support outlined. Right now, his regular visitation is 6am to 2pm everyday until she is 6 months old. However, holidays take precendence and today was the first holiday on the holiday schedule (it is his birthday) and as outlined in the court order, his time is 10am to 8pm. My attorney told me that he does not get her until 10am because the holiday supercedes anything else; she called and talked to his lawyer who called him and informed him, and yet he still showed up at 6am. I called the police to enforce the order, and they said that because his regular time is 6am, he still gets her then and then the holiday time is added on. So he has her from 6am to 8pm today because of it. Is this correct? Because I think we may have to go back to court to clarify it. Nothing is clear cut online except for holiday weekends in which even if it is one person's regular weekend, the holiday supercedes and the other parent gets that weekend.

 

[irish223]

Actually, I think your lawyer is wrong, but I'm not a lawyer. Hopefully, someone will correct me if I'm off.

Here's how I see it. Dad's time is 6am to 2pm. Your time is 2pm to 6am. The holiday supercedes your time of 2pm to 8pm, but doesn't affect Dad's time from 6am to 10am. When it's your birthday, your time will supercede Dad's in that he will have the child from 6am to 10am, then you will have the child the rest of the day. It's the same on other holidays. If Dad has the child Easter weekend, but you get Easter, then you get your child from 10am to 8pm, but Dad still has the child from overnight to 10am.

Even if I'm wrong, this doesn't seem like a hill to die on. Are the four hours really that important that you would want to go back to court for it?