Legal Question in Family Law in Kentucky

Court ordered visitation

I have a 3 yr old son and have been going thru a divorce for over a year. The father will not agree on anything and continues to draw it out. We could not agree on visitation times, so it is court ordered. He has joint custoday and has our child every other weekend and we rotate holidays. Last year i had my son on thanksgiviing. This year, of course, it is his turn. My question, it is my weekend to have my son. The court ordered papers says that he picks the child up @ 9:00 thanksgiving day and is not to return him until 7:30 sunday night. Would this only apply if thanksgiving happened to land on his weekend? My thinking is he should pick him up @ 9:00 thanksgiving and have him back @ 6:00 and then i would have him on my scheduled weekend. The father is thinking he gets him thanksgiving day and is going to keep him until sunday and then turn around and have him next weekend, which would have been his scheduled weekemd. The way the father is trying to do, he would basically have the child 3 weekends, this cant be right?


Asked on 11/22/06, 3:30 pm

1 Answer from Attorneys
Suzanne Van Wert Van Wert Brown

Re: Court ordered visitation

If the Court order allows the father visitation this Thanksgiving, he gets visitation during that time period, no matter whose "weekend" it would be otherwise.

Similarly, if one of your holiday visits falls on his weekend, he will have to forego that weekend visit so the child can spend the holiday with you.

For instance, if Mother's day falls on the father's timesharing weekend, the child will spend Mother's day with you regardless of whose weekend it would otherwise be and you are not required to arrange a "make up" visit simply because that holiday interferes with Dad's visit.

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Answered on 11/22/06, 3:42 pm


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