Not being allowed custody; what can I do?

[BigBang21]

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

The kids mother and I are having a disagreement on the time period that I get our kids. Visitation says I get them this weekend, but she wants them at 2pm on Sunday to do their Easter stuff. This would mean not only would I not be able to celebrate Easter the way I had planned for my time but also I would lose my time on top of that.

I told her I have no intention of letting her have them at 2pm on Sunday because of all of that. She says well if I won't let her have them then then she is just going to keep them from me all weekend and I won't see them at all. She said things like 'good luck finding us' and such to imply that she's going to just take them away somewhere for the weekend to make sure I don't have any shot at getting my visitation. Is there really anything I can do to make sure I get my time with them this weekend? Or am I just out of luck if she decides to do that??

 

[BigBang21]

Sorry, a second thing.. we have also disagreed on who gets Thursday and Monday as well this week based on the wording of our order. If anyone wants to take a shot at their interpretation... I believe it is saying I get them those days also even though they aren't in school yet since they are school holidays in the district they live.. but she says otherwise so I'm questioning whether I'm just reading it wrong or not?? When it says not enrolled I guess it could being talking about home school and the like, as I read it again now..

School: The term "school" refers to the primary or secondary school in which the child is enrolled, or if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

Weekends: Except as otherwise explicitly provided herein, if a weekend period of possession of (my name) coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at 6:00 PM on Monday.

>>Except as otherwise explicitly provided herein, if a weekend period of possession of (my name) coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6:00 PM on Thursday.



Thanks

 

[Ohiogal]

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

The kids mother and I are having a disagreement on the time period that I get our kids. Visitation says I get them this weekend, but she wants them at 2pm on Sunday to do their Easter stuff. This would mean not only would I not be able to celebrate Easter the way I had planned for my time but also I would lose my time on top of that.

I told her I have no intention of letting her have them at 2pm on Sunday because of all of that. She says well if I won't let her have them then then she is just going to keep them from me all weekend and I won't see them at all. She said things like 'good luck finding us' and such to imply that she's going to just take them away somewhere for the weekend to make sure I don't have any shot at getting my visitation. Is there really anything I can do to make sure I get my time with them this weekend? Or am I just out of luck if she decides to do that??

If she doesn't give them to you, the only thing you can do is file for contempt (a motion to show cause) asking the court to sanction her for denying you your time.

 

[Ohiogal]

Sorry, a second thing.. we have also disagreed on who gets Thursday and Monday as well this week based on the wording of our order. If anyone wants to take a shot at their interpretation... I believe it is saying I get them those days also even though they aren't in school yet since they are school holidays in the district they live.. but she says otherwise so I'm questioning whether I'm just reading it wrong or not?? When it says not enrolled I guess it could being talking about home school and the like, as I read it again now..

School: The term "school" refers to the primary or secondary school in which the child is enrolled, or if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

Weekends: Except as otherwise explicitly provided herein, if a weekend period of possession of (my name) coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at 6:00 PM on Monday.

>>Except as otherwise explicitly provided herein, if a weekend period of possession of (my name) coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6:00 PM on Thursday.



Thanks

From that verbiage, you get the children from 6:00 p.m. Thursday until Monday at 6:00 p.m. What does the schedule state regarding whose holiday Easter is however? Holidays supersede regular time.

 

[BigBang21]

From that verbiage, you get the children from 6:00 p.m. Thursday until Monday at 6:00 p.m. What does the schedule state regarding whose holiday Easter is however? Holidays supersede regular time.

The only holidays mentioned are Christmas, Thanksgiving, Fathers and Mothers Day. The children's birthdays is also something mentioned that would supersede. No mentions of any other holiday though.

 

[stealth2]

What are the school holidays this/next week?

 

[BigBang21]

What are the school holidays this/next week?

Good Friday, Easter

 

[Ohiogal]

Good Friday, Easter

Easter apparently is not a school holiday though because it is not on a school day. But they get Monday off, correct, at the school? How old are your children and how have you handled this in the past?

 

[BigBang21]

Easter apparently is not a school holiday though because it is not on a school day. But they get Monday off, correct, at the school? How old are your children and how have you handled this in the past?

Yes. 5 and 4. Haven't went by this agreement until this year and haven't dealt with the situation before.

 

[stealth2]

Yes. 5 and 4. Haven't went by this agreement until this year and haven't dealt with the situation before.

To clarify - they DO have Monday off?

 

[Ohiogal]

To clarify - they DO have Monday off?

They are not enrolled, Stealth. According to OP:

even though they aren't in school yet since they are school holidays in the district they live

I took that to mean the school district has Monday off.

 

[BigBang21]

They are not enrolled, Stealth. According to OP:

I took that to mean the school district has Monday off.

Correct. They are not enrolled in school yet.. either of them. The public school district in which they reside has those two days as student holidays.

 

[Ohiogal]

Correct. They are not enrolled in school yet.. either of them. The public school district in which they reside has those two days as student holidays.

When did the order go into effect? And how has Easter been handled before?

 

[BigBang21]

When did the order go into effect? And how has Easter been handled before?

I got this order from the Office of the Attorney General at the same time I signed up for child support. At that time we were still living together and things weren't terribly bad. The only reason we had signed up for this/child support to begin with is because we needed the child care help and CCS here requires all unmarried parents to open a child support case to be eligible for child care support.

So, I've had the order since 2011. Last year, when we weren't together anymore we worked with each other for the most part. We shared the holidays.

"It is ordered that the parents may have possession of the child at any and all times mutually agreed to in advance and, in the absence of mutual agreement, it is order that they shall have possession of the child as follows:" and then it lists the specifics times, which I've already listed the relevant ones in this case.

This year, we can't even hardly talk to each other anymore and have just been following what the order says. So neither of us had followed this order before this year.

 

[Isis1]

I got this order from the Office of the Attorney General at the same time I signed up for child support. At that time we were still living together and things weren't terribly bad. The only reason we had signed up for this/child support to begin with is because we needed the child care help and CCS here requires all unmarried parents to open a child support case to be eligible for child care support.

So, I've had the order since 2011. Last year, when we weren't together anymore we worked with each other for the most part. We shared the holidays.

"It is ordered that the parents may have possession of the child at any and all times mutually agreed to in advance and, in the absence of mutual agreement, it is order that they shall have possession of the child as follows:" and then it lists the specifics times, which I've already listed the relevant ones in this case.

This year, we can't even hardly talk to each other anymore and have just been following what the order says. So neither of us had followed this order before this year.

Personally, I thought mom was being agreeable by wanting to SHARE the holiday since the court order leaves spring break as silent.

But my court order has it ruled where I get one year and their dad gets the next.

Now, the court order says it's your weekend. And if you are not willing to share the day, your option would be to take mom to court for contempt and get that court order more cut out to address school issues and other school holidays.