Saturday, September 7, 2013

Kids birthdays in terms of pendente lite custody when I am thecustodial parent with primary physical custodyby n shared legal

Q:  I have pendente lite custody, but it just says tht I have primary custody and the kids visit non cust parwnt every other weekend nd 2 weekends in summer, dosent say anything else abt birthdays or holidays etc, neways my childs birthday falls on my weekend so I proposed tht the child comes to non cust parent on eve of birthday, ie fri eve to sat when the birthday is until 1pm and I can have them back at 1pm for the rest of thhe day, that way we both have time with them,
But he says no he wont give me the kids back at all , all day birthday and believes in odd even year birthday sharing, neither the judge said nything like tht, nor from my side, am I being unfair in splitting the birthday btw both of us so we get to spend time with child or he is being reasonable, I just wanna have half of

A:  David's Answer:  If the present order doesn't address birthdays, then whichever parent has the child on the regular schedule gets the birthday. Neither party may deviate from the regular schedule without consent from the other, nor "impose" an odd/even split. If there is a disagreement, this should be brought to the attention of the court. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (

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