Legal Question in Family Law in Minnesota
Child Custody
Custody contract question?
There is a custody agreement contract in order and nobody can agree on what this means. We are having a huge problem getting this sorted out. I don't know who is interpreting this the wrong way, so I really hope you can help me!
Here is what the contract says word for word:
''As additional parenting time Petitioner shall be entitled to a reasonable alternating holiday schedule as the parties shall negotiate and develop in good faith. The holidays to alternate shall include New Years Day, The childs birthday, Labor Day, Easter, Thanksgiving, Fourth of July, and Memorial Day...''
Okay, does this mean:
A) Starting with New Years Day, Parent A and Parent B trade off holidays in order of occurrence throughout the whole year. Then swap holidays for the next year. (Parent A, Parent B, Parent A, Parent B...)
Or,
B) Parent A picks the holidays they want in one year, then switches with Parent B the next year. (Parent A, Parent A, Parent A, Parent B)
Or are we both wrong and it means something else?
Thank you in advance for the help! It is very appreciated.
And does the childs birthday count as a holiday?
1 Answer from Attorneys
Re: Child Custody
It means neither. It states that the parents will alternate the specified holidays as the parties negotiate. In other words, in is a non-specific schedule that requires the parents to agree on the specific days and times.
I would suggest seeking to mediate a more concrete schedule.
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