Re: Need opinion on interpretation of parenting plan wording
Dusty
news:15846edfae7573e4...@msgid.frell.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..
Unless you've already signed off on and/or agreed to the above (which I hope
you've not done!), then if I were you, I'd write up a new plan and be
absolutely certain that it's in plan, easy to understand English. You know,
like 4th grade reading books used to be in the 1960's.
You might write it something like this..
"When the children have a three (3) or four (4) day weekend, during the
school year, Father shall have custody of the minor children from 6pm the
evening prior to the start of said weekend until 6pm on the last day of said
weekend."
In other words.. Father will have the kids from Thursday at 6pm until Sunday
at 6pm if Friday is part of the 3-day weekend. Adjust accordingly for
different days.
If it's written something like the above example, then it allows you both a
bit of latitude and doesn't lock you into a "only on these days can you be a
parent" situation. you may also want to add something like this..
"Beginning with the current school year, when the children have a ..." it
locks the opposition in a box and keeps them from arbitrarily deciding when
to start your time with the kids. It's also good for later use when some
dumb lawyer or former spouse claims something stupid like, "Oh, I thought
the court meant for things to start next year.." and thereby blocking your
access to your kids on a weekend. It's also quite useful when the X
interferes with your visitation and you have to take her to court on it.
Chris
<returnof...@gmail.com> wrote in message
news:15846edfae7573e4...@msgid.frell.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
> even graduate high school but thinks she has a Masters degree, LOL
"At any time that the children have 3 days off from school, 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." This is what it means. "Instead of" means the same thing as "opposed
to". The word "any" means exactly that "ANY" time; not just Columbus Day.
And since "any" includes Columbus Day, the "instead of" phrase can be
eliminated without affecting the meaning of the sentence. Pretty straight
forward. But don't be too concerned about it since all the mother has to do
is proclaim the children to be sick and you won't get them anyway.
>
>
news
> even graduate high school but thinks she has a Masters degree, LOL
So why'd you mate with her?
Bob W
> 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
> 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.
Chris
"Bob W" <rob...@teleport.com> wrote in message
news:RtqdneB3isgwulPX...@earthlink.com...
He didn't mention anything about any "new alternating" 3 day weekend.
>
Bob W
"Chris" <re...@juno.com> wrote in message
news:rIJzm.238615$cf6....@newsfe16.iad...
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.