Legal Question in Family Law in New York
My child support order states I'm entitled to everyother weekend with my child, in addition to specified holidays and 2 non-consecutive weeks each year. There's no mention of holidays or vacation superseding the "regular" visitation schedule. Does that mean that the alternating weekend schedule should be adjusted if/when a holiday or weekend occurs? IE. If in the alternating schedule I have my child the weekend before Christmas and also for the Christmas Holiday (which falls on a weekend) does that mean the alternating schedule changes or do I have three weekends in a row?
2 Answer from Attorneys
Usually the holiday schedule supercedes the regular access schedule and then the schedule restarts afterwards. Id have to see your agreeement. If your spouse is not abifing by the access schedule you may need to make a motion and take him/her to court to enforce your access time with your kids.
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