Thursday, October 26, 2017

DIVORCE - COURT ORDERED HOLIDAY SCHEDULE



DD v. AD, 2017 NY Slip Op 50807 - NY: Supreme Court, Richmond 2017:

"The parties shall alternate all of the major holidays and school vacations as set forth below. Parenting time shall commence at 10:00 a.m. on the first day of the holiday or vacation period and shall conclude 9:00 p.m. on the final day of the visit unless otherwise specified below. If a conflict occurs between the normal parenting schedule and the holiday visitation schedule, the holiday visitation schedule will supersede normal parenting time. Holidays that fall on school days, such as Halloween, and the child's birthday, shall commence at school dismissal and end at 9:00 p.m.

Mother's Day shall always be with Mother and Father's Day shall always be with Father. Each parent shall have a total of two non-consecutive weeks of vacation with the child during the months of July and August. One week shall be in July; the other week shall be in August. Each party shall designate by email their vacation weeks by May first of each calendar year or be subject to the other parent's choice of designated weeks. Husband, as the non custodial parent, shall be granted first choice in the event that both parties seek the same weeks provided that he has timely designated his weeks in accordance herein.

At trial Wife testified at length that it would be her desire to have parenting time with the subject children every Christmas Eve. In return Wife suggested that Husband be granted every Fourth of July. Husband opposed Wife's proposed holiday schedule and argues that Christmas Eve is important to him also. Husband requests that each holiday simply be alternated. In regards to holiday visitation, the Court agrees with Husband. Accordingly, the following holidays shall be alternated:
Child's Birthday: even years: Mother/odd years: Father
Thanksgiving: even years: Mother/odd years: Father
Christmas Eve: even years: Father/odd years: Mother
Christmas Eve visit shall begin at 4 p.m. and end at 11 a.m. on Christmas Day.
Christmas Day: even years: Mother/odd years: Father
New Years Eve: even years: Mother/odd years: Father
>New Years Eve visit shall begin at 4:00 p.m. and end at 12:00 p.m. on New Year's Day.
New Years Day: even years: Father/odd years: Mother
Martin Luther King Day: even years: Mother/odd years: Father
President's Day: even years: Father/odd years: Mother
Good Friday: even years: Father/odd years: Mother
Easter: even years: Mother/odd years: Father
Memorial Day: even years: Father/odd years: Mother
Fourth of July: even years: Father/odd years: Mother
Labor Day: even years: Mother/odd years: Father
Halloween: even years: Mother/odd years: Father
Columbus Day: even years: Father/odd years: Mother
Veteran's Day: even years: Mother/odd years: Father
Midwinter Recess (February): the parent with the weekend directly preceding midwinter recess shall have parental access with the subject children until Wednesday of the vacation week at 3:00 p.m. The parent with the second weekend shall have the subject children from 3:00 p.m. Wednesday until Sunday at 9:00 p.m.

Spring Recess (April): the parent with the weekend directly preceding spring recess shall have the subject children until Wednesday of the vacation week at 3:00 p.m. The parent with the second weekend shall have the subject child from 3:00 p.m. Wednesday until Sunday at 9:00 p.m."

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