At what age does "school" visitation start

[mgfreckles]

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


I am the mother of a 2 year old girl. My decree is very vague. It states what school is in the beginning saying "school means 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 school district in which the child resides".
Throughout the decree is has multiple mentions of periods of visitation to include the summer, Christmas, and thanksgiving. For Christmas specifically it says that the father is authorized to have her from the day school breaks for the holidays until dec. 28 on even numbered years and I will get her for the remainder of the time until school resumes.
Later on in the decree there is a modification for children under 3 years of age that has set visitation for when she is one, between one and two, and at 2 and says that until she reaches 3 the following will be carried out. So my question is when does the extended holiday periods and extended summer vacation periods begin? She obviously isn't in school, but she's not 3 yet. It seems to me this decree reflects more for a child who is older already. I guess that is why there a modification down below. So does all the extra mileage after she is 3 or when she actually starts school?

 

[LdiJ]

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


I am the mother of a 2 year old girl. My decree is very vague. It states what school is in the beginning saying "school means 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 school district in which the child resides".
Throughout the decree is has multiple mentions of periods of visitation to include the summer, Christmas, and thanksgiving. For Christmas specifically it says that the father is authorized to have her from the day school breaks for the holidays until dec. 28 on even numbered years and I will get her for the remainder of the time until school resumes.
Later on in the decree there is a modification for children under 3 years of age that has set visitation for when she is one, between one and two, and at 2 and says that until she reaches 3 the following will be carried out. So my question is when does the extended holiday periods and extended summer vacation periods begin? She obviously isn't in school, but she's not 3 yet. It seems to me this decree reflects more for a child who is older already. I guess that is why there a modification down below. So does all the extra mileage after she is 3 or when she actually starts school?

Based on what you have written here, my opinion is that it applies after she turns three, following the school district calendar for the district in which you reside.

 

[I'mTheFather]

What does the order say about holidays for children under 3?

 

[mgfreckles]

What does the order say about holidays for children under 3?

It doesn't have any specifications. The modification comes after the statements about the holidays.

 

[I'mTheFather]

It doesn't have any specifications. The modification comes after the statements about the holidays.

Okay, well, what does it say about anything?

 

[mgfreckles]

Okay, well, what does it say about anything?

It has the standard provisions of parents who live 100 miles or less apart: Weekends: "On weekends that occure during the regular school term beginning at 6pm on the first third ad fift Friday of each month and ending at 6pm on the following sunday."
"On weekends that do not occur during the regular school term, beginning at 6 pm on the first third and fifth Friday of each month and ending at 6pm on the following sunday"
After that it explains weekend possession extended by a holiday which is basically the same as above except visitation starts at 6pm on the Thursday before or extends to a Monday at 6. Then there is Thursdays "on Thursday of each week during the regular school term, beginning at 6pm and ending at 8pm"
After that Spring Vacation which goes from "6pm on the day the child is dismissed from school for the schools spring vacation and ending at 6pm on the day before school resumes after that vacation"
Then there is summer possession.
Talks about parent's more than 100 miles apart. Then gets into the holidays unaffected by distance. In which He would have her in the evens and I would have her in the odds and vice versa depending on holiday, but all of this visitation times specify the child being dismissed from school and then school resuming.
There's father and mothers day possession and also which also do not specify age, but I am assuming that is age indifferent.
Age is not mentioned until the "Modified Possession Order" in which it states "the court further order that until a child of this marriage reaches three years of age, John Doe shall have possession of and access to that child as follows:
"c. Child at two Years of age- beginning at 8am on the 1st, 3rd, and 5th Saturdays of each month and ending at 4pm on sundays.
The court further orders that when a child reaches three years of age, john doe shall have possession of and access to that child as set forth in the proceeding standard possession order."

 

[I'mTheFather]

So, if you go by that, Dad doesn't get any time on Christmas, right?

That can't be what the judge intended. I suspect Dad would get a fair amount of the "school vacation" times if he went back to court. Especially if your child is close to 3.

 

[mgfreckles]

So, if you go by that, Dad doesn't get any time on Christmas, right?

That can't be what the judge intended. I suspect Dad would get a fair amount of the "school vacation" times if he went back to court. Especially if your child is close to 3.

She is not close to 3. She quite literally just turned 2 a couple days ago. Thanksgiving is also a defined holiday in there but he didn't even ask to see her then either. He didn't even see her on actual birthday even though he is allowed from 6 to 8pm as per the decree.
I doubt he would have pitty spent upon him in court for not having Christmas with his daughter for the first two years since he rarely puts the effort to see her on other days that he is allowed to. He would get to see her the weekend before Christmas as that is his weekend and since Christmas falls upon a Thursday this year he would get to see her from 6 to 8PM. It is strange that we are using the Thursday logic as that is also spelled out with the whole school provisions. To me it does not make sense to go by a school calendar year when my child is not in school yet...it's a lot to keep up with for something that is not happening in the child's immediate life. Like, spring vacation? Really? There's no vacation if she isn't even in school. Doesn't make sense. I think that I will have to do a modification to this possession order to make this holiday visitation more defined.

 

[stealth2]

She is not close to 3. She quite literally just turned 2 a couple days ago. Thanksgiving is also a defined holiday in there but he didn't even ask to see her then either. He didn't even see her on actual birthday even though he is allowed from 6 to 8pm as per the decree.
I doubt he would have pitty spent upon him in court for not having Christmas with his daughter for the first two years since he rarely puts the effort to see her on other days that he is allowed to. He would get to see her the weekend before Christmas as that is his weekend and since Christmas falls upon a Thursday this year he would get to see her from 6 to 8PM. It is strange that we are using the Thursday logic as that is also spelled out with the whole school provisions. To me it does not make sense to go by a school calendar year when my child is not in school yet...it's a lot to keep up with for something that is not happening in the child's immediate life. Like, spring vacation? Really? There's no vacation if she isn't even in school. Doesn't make sense. I think that I will have to do a modification to this possession order to make this holiday visitation more defined.

Well, THIS holiday visitation will not be clarified, as there's no way you'll get in front of a judge by the 25th. So, you plan to spend a boatload of money for a modification for two years?

ETA - how would it hurt the child (not you, not your family - the VHILD) if she spent part of Christmas with her father?

 

[txprincess]

I have this kind of order (my son is 6 now). Standard does not start until child turns 3. So you will follow the orders lined out for the age of the child, regardless of holidays.

HOWEVER!! I would let dad get the child for a few hours on Christmas, not the whole break, but what is several hours going to hurt? I let dad get Lil C for several hours Christmas evening. I used that time to clean up around the house, take a nap, drink a cup of coffee, just breathe for a moment in all the chaos that Christmas brings.

Having a decent relationship with dad takes some work, but little things like this can go a long way to healing up some wounds. And next year, dad is going to get ALLLL the time specified in the Standard orders, might as well start getting used to it a little bit now.