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

BuffTexan
BuffTexan Posts: 270
edited October 3 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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Replies

  • Texas501
    Texas501 Posts: 274
    Depends on who has the better lawyer....
  • Nerdy_Rose
    Nerdy_Rose Posts: 1,277 Member
    1st & 2nd was the first weekend of October.
  • irishgal44
    irishgal44 Posts: 1,141 Member
    The first weekend in October was 1,2. OMG that has GOT to be frustrating!
  • irishgal44
    irishgal44 Posts: 1,141 Member
    Depends on who has the better lawyer....

    Nevermind...he's right!! LMAO!! :laugh:
  • kdchick99
    kdchick99 Posts: 104 Member
    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
    I agree with you on this one. The first was last Saturday.
  • sc1572
    sc1572 Posts: 2,309 Member
    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
    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?
  • 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
    Sept. 30th- Oct. 2nd, I would say, but maybe you can arrange something. Best of luck!
  • dragonbait0126
    dragonbait0126 Posts: 568 Member
    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
    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
    Depends on who has the better lawyer....

    Lol...true!
  • PlanetVelma
    PlanetVelma Posts: 1,223 Member
    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
    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
    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
    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
    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
    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
    They count Friday as part of the weekend? Isn't she willing to trade a weekend with you since you need to work?
  • EpiGaiaRepens
    EpiGaiaRepens Posts: 824 Member
    My legal opinion is that I don't know why anyone would want a parenting schedule that is this subject to interpretation. As a mother, I don't know why anyone would want a schedule that causes such conflict. Why not just have it set up so you do every other weekend? There will be a lot less disagreement when you both know where the kids were last weekend and where they go this weekend!
  • Who had the kids last weekend for the FIRST weekend of October? I classify my weekends as Saturday and Sunday, therefore, the 1st weekend of October would have been the 1st and the 2nd.

    Super appreciative of the fact that my parents didn't do the "switch" schedule and that my mom just had us. This stuff is confusing.
  • nukebhs83
    nukebhs83 Posts: 158
    also depends on when your hours are---if it is from say---friday 6:00 pm to sunday 6:00 pm then this coming weekend will be your weekend. is there no one that can watch your kids for you while you are working the OT????? wish i lived closer i would offer babysitting services. :) had to go thru alot of this with my ex---thank goodness we got along.
  • staceyseeger
    staceyseeger Posts: 778 Member
    Weekend days are SAT & SUN...therefore, last weekend should have been the first weekend in Oct.
  • mommared53
    mommared53 Posts: 9,543 Member
    The first weekend in October was the 1st and 2nd.
  • TooFatToFit
    TooFatToFit Posts: 285 Member
    Gawd, that sounds complicated as hell. My ex and I just alternate weekends and don't pay any attention to which month/partial month they happen to fall in.

    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.

    Does this mean that your kids never sleep in the same bed more than two nights in a row? I'm not going to knock it if everyone, especially the kids, are happy but there's no way that would work with mine and I've never heard of that before!
  • irishgal44
    irishgal44 Posts: 1,141 Member
    http://www.youtube.com/watch?v=tbJwwJ33TEI

    Here you go...just as confusing as your visitation rights...:devil:
  • SueInAz
    SueInAz Posts: 6,592 Member
    Weekend days are SAT & SUN...therefore, last weekend should have been the first weekend in Oct.
    This. Friday is a weekday, not a weekend day. Saturday the 1st and Sunday the 2nd were the first weekend in October. October has 5 full weekends this year.
  • JulieSD
    JulieSD Posts: 567
    Gawd, that sounds complicated as hell. My ex and I just alternate weekends and don't pay any attention to which month/partial month they happen to fall in.

    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.

    Does this mean that your kids never sleep in the same bed more than two nights in a row? I'm not going to knock it if everyone, especially the kids, are happy but there's no way that would work with mine and I've never heard of that before!

    I should have clarified, he brings them back on his night at 8pm. When he has them on his Friday he brings them back Sunday at 8pm. We have a very easy going schedule. Meaning, we understand life and plans, we switch weekends and days.
  • TooFatToFit
    TooFatToFit Posts: 285 Member
    Gawd, that sounds complicated as hell. My ex and I just alternate weekends and don't pay any attention to which month/partial month they happen to fall in.

    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.

    Does this mean that your kids never sleep in the same bed more than two nights in a row? I'm not going to knock it if everyone, especially the kids, are happy but there's no way that would work with mine and I've never heard of that before!

    I should have clarified, he brings them back on his night at 8pm. When he has them on his Friday he brings them back Sunday at 8pm. We have a very easy going schedule. Meaning, we understand life and plans, we switch weekends and days.

    Phew! That makes a lot more sense. lol Now it sounds like a lot nicer arrangement.
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