[Parent2321]

My son has his birthday on the 11th which is the Friday that he goes on his spring break with his mother. Do I get a day to see my son to celebrate his birthday, or did I lose that chance?

[Fr_Chuck]

What does the child custody agreement say, if it says that you get child on birth day, then you do, if you are not given that specific date, you celebrate it on the closest day you have him

[Parent2321]

This is what is stated in our MSA:

If a parent is not otherwise entitled under this possession order to present possession of a child on the child's birthday, that parent shall have possession of the child and the child's minor siblings beginning at 6pm and ending at 8pm on that day, provided that that parent picks up the children from the other parent's residence and returns the children to that same place.

[ScottGem]

So you celebrate with your child on the day before.

[Parent2321]

No matter what, I will throw him a birthday party when I get to see him but I wanted to know does her spring break visitation trump the birthday visitation with me.

[ScottGem]

I would think so. But do you really want to cause a fight over this?

[AK lawyer]

So you celebrate with your child on the day before.

No. I don't think so. The part that provides that when the parent "is not otherwise entitled under this possession order to present possession of a child on the child's birthday,. " would, I think, apply to the situation (if it's the only language in the order that applies). Apparently the other parent has the right to have the child on the spring break, which happens to include the birthday. If that is the case, the language of the quoted clause gives OP the right to share 6 PM through 8 PM with the child.

I don't know about you, but it seems to me that "possession" is a very poor choice of words when it concerns child custody and visitation. A child is not a chattel that can be possessed, IMO. :(

No matter what, I will throw him a birthday party when I get to see him but I wanted to know does her spring break visitation trump the birthday visitation with me.

No, as I say, I believe it's just the opposite: the quoted language giving you birthday visitation rights trumps the spring break.

[ScottGem]

I don't know about you, but it seems to me that "possession" is a very poor choice of words when it concerns child custody and visitation. A child is not a chattel that can be possessed, IMO. :(

Totally agree with that. I found the language disturbing as well as unclear.