What Happens With Fifth Weekend Visits if Sunday Falls on the 1st

[steven2020]

My question involves a child custody case from the State of: CA

I have my children every first, third and fifth weekends per our divorce decree, starting on Fridays - Sundays. The decree specifically states that a weekend is defined as a Saturday and Sunday within the same month. The end of this month, Saturday is January 31, Sunday is February 1. Would that count as my fifth weekend?

[llworking]

My question involves a child custody case from the State of: CA

I have my children every first, third and fifth weekends per our divorce decree, starting on Fridays - Sundays. The decree specifically states that a weekend is defined as a Saturday and Sunday within the same month. The end of this month, Saturday is January 31, Sunday is February 1. Would that count as my fifth weekend?

Based on what you have written, no it would not. Saturday and Sunday are not within the same month.

[AdamK]

I find that language very strange. I'd be interested to see exactly what it says.

I don't have much familiarity with the language common in CA divorce decrees but in Texas the standard language we use will define a weekend possession period as beginning on Friday at X time continuously until X time at the following Sunday. Most divorce attorneys here agree that unless the decree has contrary language that weekends are counted by what month the weekend period begins regardless of any change in the month during the weekend period.

[llworking]

I find that language very strange. I'd be interested to see exactly what it says.

I don't have much familiarity with the language common in CA divorce decrees but in Texas the standard language we use will define a weekend possession period as beginning on Friday at X time continuously until X time at the following Sunday. Most divorce attorneys here agree that unless the decree has contrary language that weekends are counted by what month the weekend period begins regardless of any change in the month during the weekend period.

1st, 3rd and 5th isn't standard in Ca, therefore there is unlikely to be any general rule of thumb.

[steven2020]

Thank you for your replies. I started out with 1st, 3rd, 5th Saturday 8am - Sunday 6pm then after a few months it went to Friday 3pm - Sunday 6pm; I suspect that may be the reason the order indicates "a weekend is defined as a Saturday and Sunday in the same month."

[llworking]

Thank you for your replies. I started out with 1st, 3rd, 5th Saturday 8am - Sunday 6pm then after a few months it went to Friday 3pm - Sunday 6pm; I suspect that may be the reason the order indicates "a weekend is defined as a Saturday and Sunday in the same month."

It doesn't matter. It is what the order says and what the order says, goes.

[steven2020]

It doesn't matter. It is what the order says and what the order says, goes.

Yes, I understand that. A previous poster mentioned the order was strange so I was simply stating the reason why I believed there was the mention of the Saturday and Sunday falling within the same month.

[llworking]

Yes, I understand that. A previous poster mentioned the order was strange so I was simply stating the reason why I believed there was the mention of the Saturday and Sunday falling within the same month.

It was more likely that it was an attempt to define the weekends in such a way that there could not be any argument about what constituted a 5th weekend. Keep in mine that this really doesn't change anything for you. You will have just as many 5th weekends a year whether Saturday and Sunday must fall in the same month or not.