Legal Question in Family Law in New Jersey
holiday supersedes vacation?
Hi,
Our divorce decree states that we alternate most major holidays, Thanksgiving being one. My ex has parenting time w/ our son ''from 10am to 7:30 pm'' this T-giving. She, however, wants to take him on vacation from 11/18 -11/24. We each get 3 vaca weeks/ year but I contend that the holiday visitation supersedes vacation. Precedent has always been that we share custody on T-giving and by allowing this the judge would be setting a bad precedent for ALL holidays. Who's right?
Thanks so much.
Kevin
2 Answers from Attorneys
Re: holiday supersedes vacation?
A court order is a court order. Vacation time should not interfere with holidays. I suggest you settle this now rather than wait since you just can't "jump" right into court and expect them to hear your case.
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Re: holiday supersedes vacation?
You will not like my answer, sorry. What you are talking about, being right or being wrong, is the WRONG QUESTION. IT IS NOT ABOUT YOU, IT IS ABOUT YOUR CHILD AND YOUR CHILD'S WELLBEING.
Do not think about what your rights are, to visitation. Think about how to work it out so your child gets the best out of the situation.
Trade time, an extra day here for an extra day to me at.....pick another time. Or, if your family gets together on Thanksgiving ONLY and your child will miss the chance to see all of your relatives, then the answer is a polite NO, with an explanation as to why it is important NOT to miss this particular Thanksgiving. Plus an offer to let her take the child at another time (how more time around Christmas).
Work it out. Do it for your kid.
Notice that I have not given you any legal advice at all.
Good luck. Do what is best for your kid.
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