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Author Topic: Legal definition of weekend  (Read 6772 times)
ChildlessDad
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« on: September 02, 2007, 07:24:30 PM »

I was awarded the first and third full weekends of the month visitation. Does anyone know the legal definition for a full weekend? I went to get my children this weekend and my ex wouldn't let me have them. She said Friday was the last day of the month so it wasn't the first full weekend. My interpertation was the weekend was Saturday and Sunday. The weekend doesn't include Friday. So Saturday being the 1st and Sunday being the 2nd it was the first full weekend of the month. Anyone have any experience in court with this?
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Jade
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« Reply #1 on: September 02, 2007, 09:05:30 PM »

I was awarded the first and third full weekends of the month visitation. Does anyone know the legal definition for a full weekend? I went to get my children this weekend and my ex wouldn't let me have them. She said Friday was the last day of the month so it wasn't the first full weekend. My interpertation was the weekend was Saturday and Sunday. The weekend doesn't include Friday. So Saturday being the 1st and Sunday being the 2nd it was the first full weekend of the month. Anyone have any experience in court with this?

That's hard to say.  Typically, when a court orders EOW (or what you have), the week-end starts on Friday and goes to Sunday. 
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Wolfy
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« Reply #2 on: September 03, 2007, 12:55:48 AM »

In my divorce papers it was specified that I get the kids every other weekend and a weekend is Thursday afternoon to Monday morning. If its not clear in your paper work you might want to go back and get it clarified. It sounds like the ex is going to try to keep the kids away from you as much as possible if you don't.
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anniewalker
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« Reply #3 on: September 03, 2007, 04:21:54 AM »

Your order is written so that it is open to interpretation.  Mom says the weekend is Fri - Sun, which is the time you have the children.  You say it is Sat - Sun, which is what is commonly defined as weekned by most people and most calendars.   

Your order is written kinda shady.  Look at November of this year.  The Fridays are the 2nd, 9th, 16th, 23rd, and 30th.  Guess when you get the kids?  The 2nd and the 16th.  If you had a standard EOW schedule then you'd also get them on the 30th, but since yours is a 1st and 3rd, you will be waiting until December 7th to get the kiddos again.

If you decide to go back to court, I would suggest that you get the wording changed to something less open to interpretation such as "The father shall be entitled to pick up the children on the First, Third, and if applicable Fifth, Friday of each month at 5:00pm.  The father is to return the children to the mother's primary residence the following Sunday at 5:00pm" or even better "the father shall have visitation with the children from Friday at 5:00pm until the following Sunday at 5:00pm on every other weekend.  This visitation schedule shall be in addition to any Holiday visitation schedules.  The weekend visitation schedule shall begin on Month, Day, Year and continue every other Friday going forward".

It may not be a big deal to you, but just so you know - EOW weekend is 26 weekends a year.  The 1st and 3rd routine is only 24.  Two weekends is... a month's worth of your current visitation. 

As to the issue at hand - From Lee's page on visitation: The first and third full weekends of each month from 6:00 p.m. on Friday until 6:00 p.m. the following Sunday (the first weekend of a month beginning on the first Friday of each month).
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Lee Borden
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« Reply #4 on: September 03, 2007, 07:24:31 AM »

At least the way my court would interpret it, Mom's right. A weekend begins on Friday evening, so the judges in my court would say that the first weekend of September begins this coming Friday.

My hope is that you'll give Mom the benefit of the doubt. Over time, if there's no too much legal and competitive content laden on to it, you may find that time each of you spends with the children will become less of a battleground.
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ChildlessDad
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Posts: 22


« Reply #5 on: September 03, 2007, 09:19:52 AM »

Thanks for the response, not exactly what I wanted to hear but....... I have my doubts that the "battleground" will ever end. It has been this way for 2 years. I have tried, but my ex still leaves my kids with relatives when she is not with them and tells me nothing about their well being and refuses to answer the phone when I call to talk to them. It is very sad to see them used like that, but sadder that our court system endorses the behavior.

As for me asking the judge to change anything so it is clearer. My ex has a nephew that practiced in the circuit. He later went to be the council at the University of Alabama. After my trial I found out my judge was the president of the Alumni association. My trial was more like a Alabama pep rally than a family court deciding the "best interest of the children". I heard more about Alabamas search for a new coach than law. Needless to say I walked out of court with no custody and far less time with my children than I had during our seperation. So I have absolutely no faith that my situation will ever change.
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frustrated mom
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« Reply #6 on: September 03, 2007, 10:51:49 AM »

Just curious...who is your judge?
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ChildlessDad
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Posts: 22


« Reply #7 on: September 03, 2007, 01:04:04 PM »

Barr
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ChildlessDad
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Posts: 22


« Reply #8 on: September 03, 2007, 02:04:50 PM »

It may not be a big deal to you, but just so you know - EOW weekend is 26 weekends a year.  The 1st and 3rd routine is only 24.  Two weekends is... a month's worth of your current visitation. 

Unfortunately it is a very big deal to me. Those 4 days are the only days I am allowed to talk to my children, much less spend time with them. It means so much that I appealed my case knowing there was a zero percent chance of winning. I had to to be able to face my children. It was such a big deal that I have gone to the Administrative office of the courts in Alabama and am trying to get them to enact a true "standard" for standard visitation. Other state have - I hope Alabama will follow. They have discussed it in their Access and Visitation committee meeting recently and I am waiting to hear the results. In Alabama the father seems to be an ATM rather than someone that children need to have a relationship with. So, I know all about the 24 vs 26 weekends - I have lived it. I hope one day Parental Alienation Syndrome is recognized like dead beat dads and the family courts system of Alabama and they do what is truly in the best interest of the children. It takes more than being female to be a great parent.
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