My Birthday Is On Mother’s Day: Who Gets Parenting Time?

holiday parenting timeQuestion:

This year my birthday falls on Mother’s Day, which is supposed to be my ex-wife’s day with our child.

However, I’d like to see my child on my birthday, but she is unwilling to even split time.

Does my birthday or a holiday take precedent when it comes to which parent gets visitation with our child?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

In general, there is no “rule” as to what day (i.e., Mother’s Day or your birthday) takes precedence for visitation purposes. I would suggest referencing any parenting time agreement that you have regarding visitation and attempting to come to an agreement with the child’s mother.

While you could certainly file a Petition with the court, my experience is that the courts expect parties to resolve such disagreements among themselves, as doing so typically benefits the child.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Sarah J. Merry, contact Cordell & Cordell.

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One comment on “My Birthday Is On Mother’s Day: Who Gets Parenting Time?

    Trying to come to a agreement with the ex wife
    1st of all, when you have a couple that they say has joint custody it it hard to really be joint when the mother will not listen to the other side. We have been dealing with this same problem now for 3 years. Because of holidays, when the child gets out of school my son went for 6 weeks without seeing his child. The mother could care less if the child begged to be with the father. Courts do not understand, when the papers say joint custody and then it says when a decision can not be agreed upon the mother has final say. Then the father is done for. You have to many mothers with to much power. A child is just as much the fathers child than the mothers child. This is one child that begs and crys to be with their father.

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