Question:
I’m about to start my court-ordered first half of summer vacation when my son gets out of school. My holiday schedule includes Memorial Day weekend which starts at the same time. Will I get one extra day at the end because part of summer vacation falls during my Memorial Day schedule? Also, the 4th of July is not listed as holiday visitation. Shouldn’t the 4th be a legal holiday on odd/even year visitation schedules? Is there a chance the judge missed it?
Answer:
When a court sets a parenting schedule in a custody and placement order, it is typical to order a holiday schedule too. I do not practice in your jurisdiction, so I can only speak in generalities.
The general practice is that unless otherwise specified, the holiday schedule takes precedence over the regular placement schedule. No make up time is given for days that are missed because of the holiday schedule, and no additional time is added to placement time to account for holidays. The holiday schedule is based solely on the holidays identified in the order. There is a good chance that the judge missed the 4th of July, or maybe the judge considered it and decided not to add the holiday because it would interrupt the summer schedule. Regardless of why the 4th of July is not identified, the terms of the order govern until they are modified by a subsequent court order.
An order may be modified in two ways: the two parties can agree to modify the order and submit a stipulation for the court’s approval, or one party can request a modification by filing a motion.
The exact meaning of your order depends on its application in your case and the specific rules in your jurisdiction. I do not practice in Georgia, so I cannot inform you as to the state’s specific laws. If you have further questions, you should discuss your case with a domestic litigation attorney in your jurisdiction. Cordell & Cordell has attorneys that are licensed and located in Georgia, and they would be happy to discuss your case with you.
Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell P.C. where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.
