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Author Topic: the 5th weekend!!  (Read 811 times)
smiley45
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« on: November 11, 2009, 08:03:37 PM »
 Can you please tell me what the courts definition of a 5th weekend is. According to the divorce decree the 5th weekend is when the month has a 5th Friday,a 5th. saturday and a Sunday as well. My ex insist that the 5th weekend is any month with a 5th Friday. Please clarify this for me.
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TC
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« Reply #1 on: November 11, 2009, 08:17:43 PM »
It will most likely depend on the exact wording in the Decree.  If your Decree specifically specifies that there must be an extra Fri, Sat AND Sun, then there is your answer, but I suspect the exact language is either an extra Fri, or Sat, or Sun.

TC
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God grant me the serenity to accept the things I cannot change,
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smiley45
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« Reply #2 on: November 11, 2009, 09:31:22 PM »
The divorce decree states the fifth full weekend with the Friday Saturday and Sunday all occuing in the same month. The ex insist that it's a 5th. weekend because it has 5 Fridays. I've gone along with it because I want to see my son; but now that I'm moving out of state she's trying to still insist that I have to come to get him on the 5th. weekend.
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TC
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« Reply #3 on: November 11, 2009, 09:47:14 PM »
How long have you been doing the 5th weekend thing now based on Fridays?

It is possible that you have now established a status quo and the court will support your wife.

TC
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God grant me the serenity to accept the things I cannot change,
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and the wisdom to know the difference.
m_t
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« Reply #4 on: November 12, 2009, 07:07:18 AM »
Quote from: smiley45 on November 11, 2009, 09:31:22 PM
The divorce decree states the fifth full weekend with the Friday Saturday and Sunday all occuing in the same month. The ex insist that it's a 5th. weekend because it has 5 Fridays. I've gone along with it because I want to see my son; but now that I'm moving out of state she's trying to still insist that I have to come to get him on the 5th. weekend.

And why wouldn't you? Many NCPs have to beg for extra time...
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Lee Borden
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« Reply #5 on: November 12, 2009, 05:09:56 PM »
For what it's worth, visitation is a right of the NCP, not a duty. That having been said, I'm with m_t. Why not take advantage of Mom's generosity and spend some extra time with your kid?
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