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Need opinion on interpretation of parenting plan wording



 
 
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  #1  
Old October 8th 09, 06:56 PM posted to alt.child-support,alt.support.divorce
Bob W
external usenet poster
 
Posts: 62
Default Need opinion on interpretation of parenting plan wording


wrote in message
. theremailer.net...
Ok, in my parenting plan, under "parenting time/vacation schedule" one of
the paragraphs reads:

"At any time that the children have 3 days off from school, instead of
Columbus Day, father shall have the children in his custody from the
Friday
of said 3 day weekend at 6pm until the Monday of said 3 day weekend at
6pm."

I'm seeking feedback on how a "reasonable person" would interpret this
paragraph....and/or, for opinions on how a judge or attorney would
interpret it.

Yes, I know the "instead of" part makes no grammatical sense
whatsoever....this part was insisted upon by bipolar ex-wife who didn't
even graduate high school but thinks she has a Masters degree, LOL


My guess is the "instead of" refers back to your previous custody/visitation
agreement. IOW - Instead of you having the children on the upcoming
Columbus Day weekend as detailed under the old agreement, the new
alternating 3 day weekend takes effect immediately and changes the old
agreement for Columbus Day weekends.

  #2  
Old October 9th 09, 05:40 PM posted to alt.child-support,alt.support.divorce
Chris
external usenet poster
 
Posts: 2,421
Default Need opinion on interpretation of parenting plan wording


"Bob W" wrote in message
m...

wrote in message
. theremailer.net...
Ok, in my parenting plan, under "parenting time/vacation schedule" one of
the paragraphs reads:

"At any time that the children have 3 days off from school, instead of
Columbus Day, father shall have the children in his custody from the
Friday
of said 3 day weekend at 6pm until the Monday of said 3 day weekend at
6pm."

I'm seeking feedback on how a "reasonable person" would interpret this
paragraph....and/or, for opinions on how a judge or attorney would
interpret it.

Yes, I know the "instead of" part makes no grammatical sense
whatsoever....this part was insisted upon by bipolar ex-wife who didn't
even graduate high school but thinks she has a Masters degree, LOL


My guess is the "instead of" refers back to your previous
custody/visitation agreement. IOW - Instead of you having the children on
the upcoming Columbus Day weekend as detailed under the old agreement, the
new alternating 3 day weekend takes effect immediately and changes the old
agreement for Columbus Day weekends.


He didn't mention anything about any "new alternating" 3 day weekend.



  #3  
Old October 9th 09, 07:25 PM posted to alt.child-support,alt.support.divorce
Bob W
external usenet poster
 
Posts: 62
Default Need opinion on interpretation of parenting plan wording


"Chris" wrote in message
...

"Bob W" wrote in message
m...

wrote in message
. theremailer.net...
Ok, in my parenting plan, under "parenting time/vacation schedule" one
of
the paragraphs reads:

"At any time that the children have 3 days off from school, instead of
Columbus Day, father shall have the children in his custody from the
Friday
of said 3 day weekend at 6pm until the Monday of said 3 day weekend at
6pm."

I'm seeking feedback on how a "reasonable person" would interpret this
paragraph....and/or, for opinions on how a judge or attorney would
interpret it.

Yes, I know the "instead of" part makes no grammatical sense
whatsoever....this part was insisted upon by bipolar ex-wife who didn't
even graduate high school but thinks she has a Masters degree, LOL


My guess is the "instead of" refers back to your previous
custody/visitation agreement. IOW - Instead of you having the children
on the upcoming Columbus Day weekend as detailed under the old agreement,
the new alternating 3 day weekend takes effect immediately and changes
the old agreement for Columbus Day weekends.


He didn't mention anything about any "new alternating" 3 day weekend.


True. But that paragraph is just "one of the paragraphs" related to
"parenting time/vacation schedule".

And, of course, we all know "custody" does not change during visitation
periods as the paragraph posted seems to indicate. These agreements come
down to what the parents have mutually agreed to in the full agreement as
opposed to literal interpretation of the words in an isolated paragraph.

 




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