Asked in Family Law and Child Custody for Florida

Q: Timeshare question related to child custody in Florida

I currently have a temporary court order while we wait for a final trial. The judge laid out Thanksgiving and XMAS, but left out Spring Break. The mother had Spring Break last year and I have it this year. (Yes, we've been waiting almost 2 years for a final hearing).

The issue at hand is I get the week before Spring Break and after. Even though it's not laid out in the court order for Spring Break, I think she understand she should give it to me. My question is, what would normally happen if the court order gave me odd years with Spring Break and I had the weeks before and after while she had Spring Break that year for her timeshare. Do I simply get that week or does the court expect us to switch weeks?

There is nothing currently stating any switching around XMAS or Thanksgiving and she did get 17 overnights in a row due to how the timeshare went around XMAS. Just trying to follow normal guidelines.

Thanks

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: At this point you should follow the court order, meaning that you have three weeks in a row. In your final parenting plan, either court ordered or agreed to, you can include a clause that addresses a situation like this. There is no "standard" plan as every situation is different.

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