I think I should have my child for the scheduled weekend and then my ex gets the child starting Monday when the break officially begins.
She thinks this time should start when school lets out on Friday.
Who is right and who can help me enforce this if I am right?
Your situation looks like a close judgment call, and unfortunately, I could possibly see your parenting plan being interpreted either way. It does sound like your child’s school is technically dismissed for spring break after school on Friday.
However, since the school states that the spring break starts on Monday, I can see your argument for the break not beginning until Monday.
As I have not reviewed your parenting time schedule, I cannot advise you as to the specifics of your situation, but some questions for you to consider are:
a.) Do you and your ex rotate the spring break, in which case you would have next year with the child? If that is the case, it would help to agree to one interpretation of the plan and make sure to stick to that next year, as that will prevent this dilemma in following years.
b.) When are you to receive the child back? Will it be on a weekend? That might affect your discussions with your ex, if you should try to argue that the spring break only lasts for the work week.
If you want assistance enforcing your view of the parenting schedule, I would contact an attorney and discuss with them the options for protecting your time with the child.
Your attorney could either negotiate with your ex for you, or possibly file a motion asking the court to clarify or interpret the contested clause of your parenting plan.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Janet Yu Johnston is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Johnston is licensed to practice law in the states of Indiana and Kentucky. Ms. Johnston received her Bachelor of Arts in both English and Foreign Lanugage/International Studies from Bellarmine University in Louisville, Kentucky. She later received her Juris Doctor from University of Louisville, Brandeis School of Law.