Ohiogal
Queen Bee
Here's the deal. I AM the original replier and I gave you the LEGAL answer. Per texas law:
Dad is within the bounds of TEXAS law. Unlike what the other poster stated. I would like the citation of where dad forfeits as no where in the statutes I read does it state anything like that. Oh and OP, quit acting like your user name if you want help here. This info was a freebie. Next time you better mind your Ps and Qs or I will let the idiots who gave you the wrong info lead you.
I was correct in my original response. YOU were defensive, insulting and stupid for the remainder of the thread. Expect to be given a vacation for your attitude. If not banned.
Per your words dad does NOT forfeit visitation. Per the standard order outlined in Texas law it does NOT provide that dad forfeits visitation:§ 153.075. DUTIES OF PARENT NOT APPOINTED CONSERVATOR.
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBCHAPTER B. PARENT APPOINTED AS CONSERVATOR: IN GENERAL
The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support
While the holiday per law extends dad's time:§ 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART.
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBCHAPTER F. STANDARD POSSESSION ORDER
(a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:
(1) on weekends throughout the year 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 except that, 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, the weekend periods of possession specified by this subdivision that occur during the regular school term shall begin at the time the child's school is regularly dismissed and end at 6 p.m. on the following Sunday; and
(2) on 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.
(b) The following provisions govern possession of the child for vacations and certain specific 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) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years;
(2) if a possessory conservator:
(A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or
(B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;
(3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and
(4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child.
Even in § 153.316. GENERAL TERMS AND CONDITIONS. regarding possession it says nothing about forfeiting time. It states that the parent must give notice if they cannot exercise time:§ 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY.
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBCHAPTER F. STANDARD POSSESSION ORDER
(a) 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 end at 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable.
(b) 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, periods of possession extended by a holiday may begin at the time the child's school is regularly dismissed.
Dad did that. It does not state what that notice needs to be. So he doesn't forfeit time. He has also informed mom he cannot exercise Monday.(7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period;
Dad is within the bounds of TEXAS law. Unlike what the other poster stated. I would like the citation of where dad forfeits as no where in the statutes I read does it state anything like that. Oh and OP, quit acting like your user name if you want help here. This info was a freebie. Next time you better mind your Ps and Qs or I will let the idiots who gave you the wrong info lead you.
I was correct in my original response. YOU were defensive, insulting and stupid for the remainder of the thread. Expect to be given a vacation for your attitude. If not banned.
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