months with a 5th weekend

Annplus1

Our custody order states that I get the 1st and 3rd weekend of the month, and EX gets the 2nd and 4th weekends. But what happens on the months that there is a 5th weekend? How do you handle that?

My girl is now 2 weeks old, and already EX is dodging dates and giving back time. But he is trying to use everything he can to make himself the victim. I need to be proactive about that date, and do it fairly. Which is why I am looking for what you guys are doing already. 

Thanks!

FyreFlyeRush

I'd clarify with your lawyer, but it sounds like you have odd weekends, so you. Here, the NCP has visitation on the 1st and 3rd, but not 5th. That goes with the primary custodian.

JCGreene85

I sure hope it is supervised visitation in your home with a 2 week old.. 

PrettyInPearls23

JCGreene85:

I sure hope it is supervised visitation in your home with a 2 week old.. 

This. And how is he already dodging dates if there's only been, what, one weekend since she's been born? Nothing about your post makes sense.

ETA: There are usually only 2 months per year that have a 5th weekend so I wouldn't stress over it. My CO states that XH and I alternate weekends, so we don't have this issue.

Annplus1

Sorry, to clarify the visits are supervised in my home. He is awarded EOW and Wednesday evenings, with a verbal agreement he can have more time if he schedules it ahead of time. He has now decided that the extra time is too confusing, and has only shown up for two visits, totaling 4 hours. She is now three weeks old.

He isn't awarded overnight visitation until 18 months old. Nor can he remove her from my house for any time at all until she is 12 months old. I probably shouldn't post so late, when my brain is tired. 

I am trying to email with him and be as reasonable as possible so that if/when we go back to court, I have done everything I can to be accommodating to him regarding time/visitation. And since I know he won't use the time offered, it's a pretty easy thing to do.

CFjo2010

Generally if the 5th weekend isn't specified in the CO it would be afforded to the Custodial Parent. But Courts usually try to make it "fair" and those 4 months out of the year where there is in fact a 5th weekend are frequently awarded to NCP. But please check with your attorney and get it clarified in your CO.

mdotm0904

Just curious, how do you all have a court order already? Did you start proceedings before the baby got here?

Annplus1

Yes, in MN we were able to get divorced while I was pregnant as he didn't dispute paternity. Because he apparently had a girlfriend, he was willing to sign over pretty much everything, so I have 100% physical custody and 50% legal.

mdotm0904

Annplus1:

Yes, in MN we were able to get divorced while I was pregnant as he didn't dispute paternity. Because he apparently had a girlfriend, he was willing to sign over pretty much everything, so I have 100% physical custody and 50% legal.

Oh ok. Just wondering