El Monte, CA asked in Family Law and Child Custody for Idaho

Q: Can my ex split his visitation time, taking more at xmas because Thanksgiving is 4 days and not 7 because of school?

Ex moved to Arizona, I live with kids in Idaho. He gets alternating Thanksgiving and Christmas break, supposed to be 7 days for each. The kids are now in school &only get 4 days for Thanksgiving. Can he take the other 3 days and put them on his next Christmas visit? Would a judge allow this?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: IF I were a smart-ass, I would say "is this worth $3,500 to figure out?" But, since I'm not a smart ass and want to be very "real" with you, let me say that you should consider a few things, as follows:

1. Have you and your ex-husband been adhering to the "spirit" of the Decree all this time, by "fudging here or there" as long as it's a "fudge" that works in YOUR favor? If so, most judges I know will say something like, "you two may make your own schedule and not adhere to the Decree that I signed, but don't come into MY court claiming the other party "violated" the Decree that even YOU haven't been following?

2. When you ask, "would a judge allow this?" My answer is more akin to my "smart ass" answer above. Is this a "hill worth dying on?" If you filed anything over this, the first thing the judge is going to do is order both of you to go to "mediation," because this "problem" should have been "fixed" by a calm discussion between parents and NOT made a HUGE DEAL to be determined by a Court!

That's my humble opinion. Good luck to you!

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