Child custody judgement

[Bob Kontak]

I need your thoughts on what this judgement means. I am not a party. I am a step dad. Just seeking opinions while the parties wait for attys to return from vacation.

Mother filed a petition to have son's days with dad lessened from existing 35% in an every other week shared parenting arrangement. Mom has child one full week and then dad has partial week then mom has full week and so on.

Judgement reads

Son will be with Dad on alternating weeks. Week one - Friday to Tuesday. Week 2 - Sunday to Tuesday

Logically, I think the judgement is very clear. However, both parties do not feel the same as to clarity.

What does it mean?

[dad911]

Looks like it went up from 35% to 43%. 4 days on week 1, 2 days week 2, then repeat.

6 days / 14 days = 42.8%

[red-beard]

Sounds poorly written.

[stomachmonkey]

Maybe not so clear,

The Judge says "Alternating Weeks", I interpret that as the dad gets the kid every other week.

Week 1: 5 days
Week 2: no days
Week 3: 3 days
Week 4: no days
Week 5: 5 days
Week 6: no days
Week 7: 3 days
Week 8: no days
Week 9: 5 days

[Bob Kontak]

Those are exactly the three non-legal interpretations we are hearing.

I look at the judgement in two parts. Framework (alternating weeks-i.e., every other) Specifics (four days / two days).

But I am biased as I want mom to not be bummed.

If every week - odd they would grant Dad more days than he had.

[dad911]

Sun-Tuesday is really 48 hours, or 2 days, assuming drop-off and pick times are the same?

fri-tues full 4 days, 96 hours?

[Bob Kontak]

Originally Posted by dad911

Sun-Tuesday is really 48 hours, or 2 days, assuming drop-off and pick times are the same?

fri-tues full 4 days, 96 hours?

There is some spill over - Friday after school through Tues at 8:00 pm The Sunday pick up is at 4:00 PM through Tues at 8:00pm

So four hours more than four days and four hours more than two days.

[dad911]

I could read it both ways also.

[Bob Kontak]

Yep.

I will bet opposing attys have different opinions as well depending on their clients wishes.

Hopefully a letter from the child's atty (guardian ad litem) will clear it up.

In the mean time, I think staying deep in the man cave is the safest bet.

Thanks everybody

[Superman]

I didn't sleep at a Holiday Inn last night.

[romad]

means the kid is f#####

[Bob Kontak]

Originally Posted by stomachmonkey

The Judge says "Alternating Weeks", I interpret that as the dad gets the kid every other week.

Stomachmonkey, - You are correct, Sir. Just talked to wife's atty with Mom's permission and it is every other week. Mom's atty talked to the Guardian Ad Litem (child's appointed spokesperson who recommends the revised sharing) and the intention from the beginning was every other week. Confusion is that Dad read it like any Dad would, but did not take time to call his atty (or did not get a return call - likely) to confirm which way it meant for sure.

Mom's Atty offered to send letters, etc. to gain a layman-speak clarification but I asked if it was necessary. He said no. Sweet - That would have been another $350 for bouncing a few five sentence letters around.

Interesting Mom's atty asked me if the GAL had been paid in full by Mom, as that would hasten the response time regarding communication. That speaks volumes.

All the best.

PS: Superman - Loved your comment. Wife got a kick out of it as well.