Continuing battle of possession

[Texas_P1]

What is the name of your state?TX

Here is what I have:

Sec.A153.312.AAPARENTS WHO RESIDE 100 MILES OR LESS
APART.AA(a)AAIf the possessory conservator resides 100 miles or
less from the pri**** residence of the child, the possessory
conservator shall have the right to possession of the child as
follows:
(1)AAon weekends beginning at 6 p.m. on the first,
third, and fifth Friday of each month and ending at 6 p.m. on the
following Sunday or, at the possessory conservator ’s election made
before or at the time of the rendition of the original or
modification order, and as specified in the original or
modification order, beginning at the time the child ’s school is
regularly dismissed and ending at 6 p.m. on the following Sunday;
and
(2)AAon Thursdays of each week during the regular
school term beginning at 6 p.m. and ending at 8 p.m., or, at the
possessory conservator ’s election made before or at the time of the
rendition of the original or modification order, and as specified
in the original or modification order, beginning at the time the
child ’s school is regularly dismissed and ending at the time the
child ’s school resumes, unless the court finds that visitation
under this subdivision is not in the best interest of the child.


And here is the issue: Wife seems to think that since she has standard visitation (extended) that she does not have to return the kids on Sunday nights at 6:00. She thinks they get to stay with her that night as well and she justs drops them off at school on Mondays. I tell her no, she only gets the option of picking them up from school on Thursdays and dropping them off on Fridays and then if it is her weekend she picks them up from school on Friday. She says that her and her attorney went to the law library last itme we were in court and she has something that says that she doesn't have to return them until school on Monday. I told her to show it to me, as I can only go by what I have, and if I'm mistaken, then so be it. Any help here.

[Zephyr]

does you order state anything different from the state guidelines?

[weenor]

We need to see the language regarding visitation in the order.

[Texas_P1]

Originally Posted by Zephyr

does you order state anything different from the state guidelines?

No, right now we only have temp orders in place and they just say she (poss**** conv) has possesion as outlined in TFC 153.xxxx which is what I quoted. I didn't know if their was someother piece on the whole "extended" part.

[casa]

Originally Posted by Texas_P1

No, right now we only have temp orders in place and they just say she (poss**** conv) has possesion as outlined in TFC 153.xxxx which is what I quoted. I didn't know if their was someother piece on the whole "extended" part.

When there is a 3 day weekend at school maybe , but otherwise it clearly states child is to be returned 6pm Sunday.

[Blue Meanie]

Originally Posted by M A R Y FARTS!

Iron Man
Junior Member Join Date: Jul 2005
Posts: 6

Handicap access

--------------------------------------------------------------------------------

What is the name of your state? Illinois

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[weenor]

Originally Posted by Texas_P1

No, right now we only have temp orders in place and they just say she (poss**** conv) has possesion as outlined in TFC 153.xxxx which is what I quoted. I didn't know if their was someother piece on the whole "extended" part.

Look to make sure. According to the statute sections you posted she can elect to pick the child up from school or to bring her to school on Monday, only if the election was made at the time of the order. Obviously this is to keep the AA from changing times with each visitation. She and her lawyer are probably playing a game her if your temp. order doesn't address it. See ideally, the orders should state that she has elected these options. And if your lawyer knows what he/she is doing the permanent orders will. When were the temp. orders issued? Has she been asserting this from the beginning. If so, and there is nothing in the temp. orders to the contrary, she's got you until you can get a final order.

[Wayne POTZ]

Originally Posted by M A R Y FARTS!

I pee sitting down

We already knew that. Iron Man told us.

[jslopez711]

Originally Posted by Texas_P1

No, right now we only have temp orders in place and they just say she (poss**** conv) has possesion as outlined in TFC 153.xxxx which is what I quoted. I didn't know if their was someother piece on the whole "extended" part.

The chapter reads correctly and your interpretation of it is accurrate. However, here is what what we (NCP's) get to fill out before the final order is set. Judges allow it as well. I have my son until Monday following the weekend. I just pick-up/drop-off at school. It is pretty good because I never see her and that suits me. Take a look

A. PARENTS WHO RESIDE 100 MILES OR LESS APART

(a) If the possessory conservator resides 100 miles or less from the pri**** residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) Weekends. On weekends beginning: (CHECK ONE)

______ At 6:00 o'clock p.m. on the first, third and fifth Friday of each month;

______ If the child is enrolled in school, at the time the child's school is regularly dismissed on the first, third and fifth Friday of each month;

________ If the child is enrolled in school, at_______ o'clock____.m. (specify time elected between the time the child's school is regularly dismissed and 6:00 o'clock p.m.) on the first, third and fifth Friday of each month;

and ending: (CHECK ONE)

______ At 6:00 o'clock p.m. on the following Sunday.

______ If the child is enrolled in school, at the time the child's school resumes after the weekend.



(2) Weekend Possession Extended By Holiday. If a weekend period of possession of the possessory conservator coincides with a school holiday during the regular school term, or with a federal, state or local holiday during the summer months in which school is not in session, the weekend possession shall begin: (CHECK ONE)

_______ At 6:00 o'clock p.m. Thursday for a Friday holiday or school holiday;

_______ At the time the child's school is regularly dismissed for a Friday holiday or school holiday;

_______ If the child is enrolled in school, at_______ o'clock____.m. (specify time elected between the time the child's school is regularly dismissed and 6:00 o'clock p.m.) on the day that the child's school is regularly dismissed for a Friday holiday or school holiday;

and ending: (CHECK ONE)



_______ At 6:00 o'clock p.m. on a Monday holiday or school holiday

_______ If the child is enrolled in school, at the time the child's school resumes after a Monday holiday or school holiday.

(3) Thursdays. On Thursdays of each week during the regular school term:

(CHECK ONE)

________ Beginning at 6:00 o'clock p.m.and ending at 8:00 o'clock p.m.;

________ At the time the child's school is regularly dismissed; and ending at the time the child's school resumes on Friday morning, ( unless the court finds that such is not in the child's best interest)

(b) The following provisions govern possession of the child for vacations and certain holidays and supersede conflicting weekend or Thursday periods of possession. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1) Spring Vacation. The possessory conservator shall have possession of the child in even-numbered years beginning: (CHECK ONE)

________ At 6:00 o'clock p.m. on the day the child is dismissed from school for the school's spring vacation;

_________ If the child is enrolled in school, at the time the child's school is regularly dismissed for the school's spring vacation;

________ If the child is enrolled in school, at _______ o'clock _____.m. (specify time elected between the time the child's school is regularly dismissed and 6:00 o'clock p.m.) on the day the child is dismissed from school for the school's spring vacation;

and ending: (CHECK ONE)

________ At 6:00 o'clock p.m. on the day before school resumes after that vacation.

________ If the child is enrolled in school, at the time the child's school resumes after that vacation.

The managing conservator shall have possession for the same period in odd-numbered years.



So you see, she is probably executing what is coming. It's a lot better that way. TRUST ME!!

[weenor]

Originally Posted by jslopez711

The chapter reads correctly and your interpretation of it is accurrate. However, here is what what we (NCP's) get to fill out before the final order is set.

You will need to check with a local attorney on this one. The key word in the post is final because she would be given that form before the final order. If she was given the form before your temporary orders...she wins. If not, there is nothing in writing that would allow her to make this election now. But again, in your jursidiction the judges may be feel that her actions are sufficient to show she has properly made the election.

[jslopez711]

Originally Posted by weenor

You will need to check with a local attorney on this one. The key word in the post is final because she would be given that form before the final order. If she was given the form before your temporary orders...she wins. If not, there is nothing in writing that would allow her to make this election now. But again, in your jursidiction the judges may be feel that her actions are sufficient to show she has properly made the election.

Here in Texas the temporary orders for possession align with Title V of the family code. That said, it follows tightly. As temp orders are set in place in order to adjust the SOP for either extended possession, which is what NCP has, and standard. NCP knows what she is doing and counsel has obviously briefed her.

[Texas_P1]

Originally Posted by jslopez711

Here in Texas the temporary orders for possession align with Title V of the family code. That said, it follows tightly. As temp orders are set in place in order to adjust the SOP for either extended possession, which is what NCP has, and standard. NCP knows what she is doing and counsel has obviously briefed her.

I doubt that, as at our last temp hearing appeal, she came up to me and stated that she wanted to be able to pick them up from school on Thursdays for overnights instead of the 6-8 time she was having. More of her information is coming from friends who have been divorced, like the issue of Christamas, and her telling me I had to bring the kids to her no matter where she was at and the issue of clothes, telling me I was responsible for all their clothes (even the times they were with her). She doesn't have a very stable head on her shoulders.

[jslopez711]

Originally Posted by Texas_P1

I doubt that, as at our last temp hearing appeal, she came up to me and stated that she wanted to be able to pick them up from school on Thursdays for overnights instead of the 6-8 time she was having. More of her information is coming from friends who have been divorced, like the issue of Christamas, and her telling me I had to bring the kids to her no matter where she was at and the issue of clothes, telling me I was responsible for all their clothes (even the times they were with her). She doesn't have a very stable head on her shoulders.

So does she know about the extra weekend during the Summer?