Child Visitation, 1st, 3rd, 5th wknd October

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BuffTexan
BuffTexan Posts: 270
in Chit-Chat
OK, my ex-W is telling me that October 7-9 is the 1st weekend in October and my turn to get my kids. I thought Sept 30, Oct 1, 2 was the 1st weekend in October.

I would LOVE to get my kids THIS weekend but I just accepted on O.T. shift on Saturday. How do ya'll read it? What is the "1st" weekend in October??
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  • Texas501
    Texas501 Posts: 274
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    Depends on who has the better lawyer....
  • Nerdy_Rose
    Nerdy_Rose Posts: 1,277 Member
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    1st & 2nd was the first weekend of October.
  • irishgal44
    irishgal44 Posts: 1,181 Member
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    The first weekend in October was 1,2. OMG that has GOT to be frustrating!
  • irishgal44
    irishgal44 Posts: 1,181 Member
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    Depends on who has the better lawyer....

    Nevermind...he's right!! LMAO!! :laugh:
  • kdchick99
    kdchick99 Posts: 104 Member
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    Depends on definition... of weekend. First FULL weekend of Oct would be 7th to the 9th, but I think you are right with the 30th to the 2nd. Gotta love divorce and how things are "worded".
  • glockster972
    glockster972 Posts: 704 Member
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    I agree with you on this one. The first was last Saturday.
  • sc1572
    sc1572 Posts: 2,309 Member
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    I went through this a lot growing up with my parents. I see the way you do as well. My parents always based it if that Fri, Sat or Sun had a 1st in it, it was the 1/3/5 parent's weekend!
  • natalie7015
    natalie7015 Posts: 55 Member
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    Good one Texas501...I would think that the first weekend in October is last weekend, the first and and second, because that is when October started. Just my opinion....maybe you could pick them up Friday, drop them off Sat and then pick up for Sun?
  • ebmarie
    ebmarie Posts: 1
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    I agree with the ex's dates. Do you think she'd be willing to work with you?
  • Healthy_Hannah483
    Healthy_Hannah483 Posts: 151 Member
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    Sept. 30th- Oct. 2nd, I would say, but maybe you can arrange something. Best of luck!
  • dragonbait0126
    dragonbait0126 Posts: 568 Member
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    It depends on what the divorce papers define as a weekend. Calender wise Saturday and Sunday are the weekend days and therefore October 1 - 2 would have been the 1st weekend. BUT if the papers state weekends include Fridays the the 1st full weekend in October would be 9 - 11. If Fridays are included then I would think you would have had them on both 9/30 - 10/2 as well as 10/7 - 9 because 9/30 would have then been the start of the 5th weekend in September. All depends on the definition of a weekend in the custody agreement. And as someone else stated...whoever has the better lawyer to define said weekend.
  • Gigi_licious
    Gigi_licious Posts: 1,185 Member
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    If my baby daddy would actually pick his kid up when he's supposed to instead of on Saturday mornings, the visitation weekend technically starts on the Friday that you're supposed to get the kid. I would think anyways....I don't know. We just do every other weekend to make things easier, but if that's not an option and you actually pick your kids up when you're supposed to I would think the Friday....I think...yeah, that's my final answer...the Friday. So Sept. 30th.
  • JustEllieK
    JustEllieK Posts: 423 Member
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    Depends on who has the better lawyer....

    Lol...true!
  • PlanetVelma
    PlanetVelma Posts: 1,231 Member
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    It depends on what the divorce papers define as a weekend. Calender wise Saturday and Sunday are the weekend days and therefore October 1 - 2 would have been the 1st weekend. BUT if the papers state weekends include Fridays the the 1st full weekend in October would be 9 - 11. If Fridays are included then I would think you would have had them on both 9/30 - 10/2 as well as 10/7 - 9 because 9/30 would have then been the start of the 5th weekend in September. All depends on the definition of a weekend in the custody agreement. And as someone else stated...whoever has the better lawyer to define said weekend.

    I agree with this....each state is different in regards to divorce/custody/etc.... You may have to break out the divorce/custody papers for your own knowledge. The other part is it really worth the hassle? I don't have to deal with the "every other weekend" - but sometimes you have to know when to pick your battles. If your ex will work with you - work it out with her. If not, than start kissing some butt at work and get your OT shift changed. LOL
  • txmike64
    txmike64 Posts: 57 Member
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    If it wasn't spelled out in the decree/agreement, and it it's not defined in State Law (check there also), then you'll have to ask the court how to interpret the instructions. Obviously there's not agreement. Either of you may be right, depends on the way you see it. Does it spell out FRIDAY as a visitation day? And does the start of the weekend need to fall within October to be an October weekend?

    Call the court see if they have instructions. Don't know what else to do on this one, short of filing for a hearing to get it amended to be a little more specific on what constitutes the "weekend"...
  • jenniferboyd81
    jenniferboyd81 Posts: 24 Member
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    I am going through custody right now with my kids and my attorney says this coming weekend the 7-9 is the first weekend of the month. Last month had 5 weeks. Sorry Good luck.
  • JulieSD
    JulieSD Posts: 567
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    My ex and I are totally different. We do every other weekend....like this....

    Week One
    Me-Monday/Wednesday/Friday/Weekend
    Him-Tuesday/Thursday

    Week Two
    Him-Monday/Wednesday/Friday/Weekend
    Me-Tuesday/Thursday

    Mind you he only lives a few streets over and we get along well.
  • TamJohn2011
    TamJohn2011 Posts: 33 Member
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    In Texas the first, third and fifth weekends are determined by the 1st, 3rd and 5th Fridays. The first weekend for visitation in October is Friday, October 7th. Last weekend was the 5th weekend of September's visitation. Does that help?
  • momma3sweetgirls
    momma3sweetgirls Posts: 743 Member
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    Uh, yeah. Last weekend was the first weekend of October. Why not switch to 'every other weekend' then you'll always know?
  • waguchan
    waguchan Posts: 450 Member
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    They count Friday as part of the weekend? Isn't she willing to trade a weekend with you since you need to work?

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