Extended Summer Possession

[snpangle]

What is the name of your state (only U.S. law)? TX

My husband and I are having diffculty in scheduling our summer vacation with his two boys (ages 5 & 7). Our decree reads as follows:

Extended Summer Possession -

With written notice by April 1 - If he gives her written notice by April 1 of a year specifying an extended period or periods of possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercsed in no more than four separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 5:00 p.m.

*We've selected 4 separate weeks
*None of the weeks chosen interfere with vacation times she has already planned with the boys

My questions are as follows:

1. Does she have the right to object to our written notice?
2. Are the days counted in 24 hour periods, i.e. Sunday 5pm - Sunday 5pm... or calendar days i.e. 3:00pm - midnight count as a day?
3. Do the standard week-end possesions continue in the summer months - i.e. do we take the boys these four weeks - in addition to our standard week.**

**We do not have standard weekly visitation - we have a specialized visitation... meaning we have his boys every Wednesday night - taking them back to school Thursday morning & we have his boys every Friday night - and Saturday - returning them Saturday evening - by 5:00 pm... We have them much more than the typical non-custodial parent. One of the weeks we submitted was Wednesday 8:00 am - Tuesday 5:00 pm. She is telling us we MUST keep them until Thursday morning - tacking on an additional 2 days.

 

[Isis1]

What is the name of your state (only U.S. law)? TX

My husband and I are having diffculty in scheduling our summer vacation with his two boys (ages 5 & 7). Our decree reads as follows:

Extended Summer Possession -

With written notice by April 1 - If he gives her written notice by April 1 of a year specifying an extended period or periods of possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercsed in no more than four separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 5:00 p.m.

*We've selected 4 separate weeks
*None of the weeks chosen interfere with vacation times she has already planned with the boys

My questions are as follows:

1. Does she have the right to object to our written notice?
2. Are the days counted in 24 hour periods, i.e. Sunday 5pm - Sunday 5pm... or calendar days i.e. 3:00pm - midnight count as a day?
3. Do the standard week-end possesions continue in the summer months - i.e. do we take the boys these four weeks - in addition to our standard week.**

**We do not have standard weekly visitation - we have a specialized visitation... meaning we have his boys every Wednesday night - taking them back to school Thursday morning & we have his boys every Friday night - and Saturday - returning them Saturday evening - by 5:00 pm... We have them much more than the typical non-custodial parent. One of the weeks we submitted was Wednesday 8:00 am - Tuesday 5:00 pm. She is telling us we MUST keep them until Thursday morning - tacking on an additional 2 days.

mom can object to the notice dad gives her. but that doesn't mean dad CAN'T take the time he requested. he doesn't need her permission unless it reads that way in the court order.

does dad NOT want the two days? i'd enjoy an extra two days with my kids.

 

[snpangle]

We would love to have them the extra two days... We fought to have a specialized visitation so that we would have them 3 days per week. Our frustration is that she insists on demanding what we submitted will not work. Every week we submit she wants to change. It's really more about a "control issue" than it is about how many days we have them. As it appears from her responses to us - she would prefer we take them for the entire summer - which is not feasible with our schedules. Bottom line - she is a fighter & we are frustrated.

Can you help me understand how to consider a "day"... is it counted by 24 hour periods - or by calendar days?

 

[confuseddad2009]

I am in Texas and have the same order.

You get to pick your days. I do it by email & certified letter so I have "proof". You pick them. NCP cant deny it (well they cant but it will be contemp of court)

Not during the time you pick and the time the CP picks for their extended summer possession then visitation resides as it states in the cO.

This is how my attorney explained it.

Hope I helped

 

[LdiJ]

We would love to have them the extra two days... We fought to have a specialized visitation so that we would have them 3 days per week. Our frustration is that she insists on demanding what we submitted will not work. Every week we submit she wants to change. It's really more about a "control issue" than it is about how many days we have them. As it appears from her responses to us - she would prefer we take them for the entire summer - which is not feasible with our schedules. Bottom line - she is a fighter & we are frustrated.

Can you help me understand how to consider a "day"... is it counted by 24 hour periods - or by calendar days?

Its 24 hours. So a week (for example) would be Sunday at 5:00 PM until Sunday at 5:00 PM. The order says no more than 4 periods of at least 7 consecutive days. The order specifically states that the weeks begin at 5:00 PM and end at 5:00 PM. Therefore your choice that begins on Wednesday at 8:00 AM violates the order, and isn't 7 days long either.

Get out the order and give mom a schedule that adheres to the orders.

 

[stealth2]

What is the name of your state (only U.S. law)? TX

My husband and I are having diffculty in scheduling our summer vacation with his two boys (ages 5 & 7).

No, you are NOT having difficulty scheduling "our" summer visitation.

Our decree reads as follows:

Extended Summer Possession -

With written notice by April 1 - If he gives her written notice by April 1 of a year specifying an extended period or periods of possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercsed in no more than four separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 5:00 p.m.

"Our" decree reads nothing of the sort.

*We've selected 4 separate weeks
*None of the weeks chosen interfere with vacation times she has already planned with the boys

No, "we" really have not selected anything.

My questions are as follows:

1. Does she have the right to object to our written notice?

She has every right to object to your written notice.

2. Are the days counted in 24 hour periods, i.e. Sunday 5pm - Sunday 5pm... or calendar days i.e. 3:00pm - midnight count as a day?

Generally, 24 hours. But it may depend on how Dad's order is written. (Does this give you a clie as to why my responses have been as they are?

3. Do the standard week-end possesions continue in the summer months - i.e. do we take the boys these four weeks - in addition to our standard week.**/QUOTE]

WE do not take the boys.

**We do not have standard weekly visitation - we have a specialized visitation... meaning we have his boys every Wednesday night - taking them back to school Thursday morning & we have his boys every Friday night - and Saturday - returning them Saturday evening - by 5:00 pm... We have them much more than the typical non-custodial parent. One of the weeks we submitted was Wednesday 8:00 am - Tuesday 5:00 pm. She is telling us we MUST keep them until Thursday morning - tacking on an additional 2 days.

WE have no visitation. WE do not have his boys.

Am I getting through yet? Have DAD come, register his own account, and ask his own questions. YOU need to step way back from the whole "we" mindset you have.

 

[CJane]

Its 24 hours. So a week (for example) would be Sunday at 5:00 PM until Sunday at 5:00 PM. The order says no more than 4 periods of at least 7 consecutive days. The order specifically states that the weeks begin at 5:00 PM and end at 5:00 PM. Therefore your choice that begins on Wednesday at 8:00 AM violates the order, and isn't 7 days long either.

Get out the order and give mom a schedule that adheres to the orders.

All that we-ing and us-ing and they never even paid attention to the order?

Yeah, the difficulties are ALL Mom's fault.

 

[stealth2]

One of the weeks we submitted was Wednesday 8:00 am - Tuesday 5:00 pm. She is telling us we MUST keep them until Thursday morning - tacking on an additional 2 days.

Why does *Dad* find this to be a problem? Most parents are thrilled to have extra time with the kid(s).

 

[Isis1]

Why does *Dad* find this to be a problem? Most parents are thrilled to have extra time with the kid(s).

ahem....that's cuz she's not the parent

 

[snpangle]

I expected to have someone attack me on the whole "we" thing - but... That's not the issue here... LOL!

We each have children from previous marriages - so WE... have to work as a team to get it right - but I'm not looking for your permission to do that here... just looking for sound advice on how to interpret "law".

Dad & I are on the same page... & we don't have a problem working as a team - we are blended on both sides & it requires lots of work & energy to get the schedules for his boys and my boy worked out.

Thanks to the person who cleared up the 24 hour period... this is the only exception we had to our submitted extended possession... WE just simply weren't sure on that one - but are grateful for your feedback.

So if I'm getting it right...

1. Unless the CO says so... the CP doesn't give permission on extended summer possessions that are submitted.
2. The days are based on a 24 hour period - not a calendar day

Now... what about the last question:

Does the summer possession supercede the regular week/week-end schedule?

i.e. On the weeks WE are exercising summer possession - Do WE exercise both summer & tack on the exta days? OR are they considered separate?

 

[confuseddad2009]

The way we do it is Summer visitation goes above regular visitation EXCEPT holidays, Mothers day, and fathers day

 

[snpangle]

Gotcha... that makes sense. Is there anything in your CO that states to do that - or is it just something that you've agreed to do? Do you know if there is a fall back legal guideline for this?

 

[snpangle]

ahem....that's cuz she's not the parent

That's not at all the case... but I'm not here to defend my stance on this... You are welcome to draw your own conclusions.

 

[LdiJ]

I expected to have someone attack me on the whole "we" thing - but... That's not the issue here... LOL!

We each have children from previous marriages - so WE... have to work as a team to get it right - but I'm not looking for your permission to do that here... just looking for sound advice on how to interpret "law".

Dad & I are on the same page... & we don't have a problem working as a team - we are blended on both sides & it requires lots of work & energy to get the schedules for his boys and my boy worked out.

Thanks to the person who cleared up the 24 hour period... this is the only exception we had to our submitted extended possession... WE just simply weren't sure on that one - but are grateful for your feedback.

So if I'm getting it right...

1. Unless the CO says so... the CP doesn't give permission on extended summer possessions that are submitted.

The CP could give permission for extended summer possession. The ncp is not required to agree to extended summer possession.

2. The days are based on a 24 hour period - not a calendar day

Yes, and those days start at 5PM and end at 5PM.

what about the last question:

Does the summer possession supercede the regular week/week-end schedule?

i.e. On the weeks WE are exercising summer possession - Do WE exercise both summer & tack on the exta days? OR are they considered separate?

That part is iffier.

Most of the time when that's an issue its an ncp attempting to get most of the summer time by tacking their weeks onto their weekends so that the CP basically gets no summer weekends...and that doesn't normally fly.

That doesn't appear to be what your husband is doing. However it also appears that dad has more of a joint custody situation. In that instance if he attempts to change the summer schedule to the point where it interferes with mom's work schedule, then yes, he could be held responsible for his normal time as well. He could be held to choose his "weeks" in a manner that also encompass his normal time.

 

[Ohiogal]

Hopefully OP doesn't take that arrogance to court. She would be extremely easy to smack down and smack down HARD (as though head into concrete from a high level). Dad wouldn't stand a chance.