Buffalo, NY asked in Family Law and Child Custody for New York

Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

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3 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: By definition, non-consecutive means the weeks do not run together.

Howard E. Knispel
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Howard E. Knispel
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Schenectady, NY
  • Licensed in New York

A: We would need to see the order to determine exactly what the order says. If all it says is three non-consecutive weeks, then either parent can choose any three weeks, and conflicts resolution should be included in the order: priority in rotating years.

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