Q: Does my ex-wife have possession of my son on my Friday possession during summer break? Confused on “Notwithstanding”
My weekends begin the 1st, 3rd & 5th Fridays of each month. I accidentally scheduled my two-weeks starting Saturday. The Friday before is the 5th Friday. I said I’d pick up “son” on Friday since it’s the 5th Friday. She said that Friday is now “overwritten” & I no longer have it. Here is our decree:
If “Dad” gives “Mom” written notice by April 1 of a year specifying an extended
period or periods of summer possession for that year, “Dad”
shall have possession of the child for two weeks in June and two weeks in July.
These periods of possession shall begin and end at 6:00 p.m. on each applicable
day.
Notwithstanding the weekend periods of possession ORDERED for “Dad”, it is expressly ORDERED that “Mom” shall have a superior right of possession of the child as follows:
…
2. Summer Weekend Possession by “Mom”:
“Mom shall have possession of the child at all other times
of the summer vacation that “Dad” does not have possession.
Is she correct? Thank you for your help
A:
Since your summer possession schedule does not follow the standard possession schedule, you should take the order/decree to a family law attorney so that the above quoted sections can be read in context of the possession schedule as a whole.
From the quoted sections, it sounds like your ex-wife may have a point. It sounds like your weekend possession is completely superseded by the summer possession periods which is different than the standard possession order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
