Orlando, FL asked in Divorce for Florida

Q: If one parent enjoys a holiday does the other parent get extra time after?

I had start of Christmas break until Christmas at noon and my ex had from Christmas at noon until end of break which gave him 2 weekends which is the benefit of having the second half of Christmas break, and i will get go enjoy that next year. After i had my half of Christmas break and he had his we resumed alternating weekends. He is insisting i get 2 weekends in a row now to make up time because he got 2 weekends in a row because it was his turn to have the 2nd half of the holiday. He has plans with his girlfriend on a weekend and is trying to give the kids to me which is fine but he thinks we need to swap weekends because he had the holiday!! Its messing up the entire year and my work schedule i already mapped out. Im an RN and make my holiday schedule for the year in the beginning. Is this right? If we did it the way he is saying is "right" then after either of us enjoy a holiday we would give the other make up time??? It makes no sense.

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1 Lawyer Answer
Michael David Fluke
Michael David Fluke
PREMIUM
Answered
  • Dunedin, FL
  • Licensed in Florida

A: Usually this only happens if there is a provision in your Parenting Plan or Settlement Agreement which states that there will not be three weekends in a row. Typically, I do not include these in mine for the very reasons you cited, it throws off the entire schedule. Assuming this clause is not in there, you can insist to him that this will not happen and either he is responsible for the children during his weekend or that you will care for the children on his weekend if he needs, but make it clear that it is his weekend and you are not changing the schedule. He cannot just make up a three weekend in a row provision that is not in the document. Good luck!

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