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child visitation for greater than 100 miles

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doinwhatsright

Junior Member
What is the name of your state? texas

My husband has custody of his 2 boys. Their mother moved just barely over 100 miles away. (about 108 mi. ) According to the div. papers she is still to have them every 1st, 3rd and 5th weekend, but there is another "Alternate Weekend Possession" that states that on one weekend a month of "HER" choice she may elect this option for weekend possession. She seems to think this is IN ADDITION TO the 1st, 3rd and 5th weekends, so has been trying to pick them up on the 4th weekend also. I am confused by the wording, but I'm wondering if this ALTERNATE weekend posession is INSTEAD of the 1st, 3rd and 5th because it does not seem fair that seeing how it was her decision to move away, the boys should have to be away from their dad practically every weekend. Anyone know how to read this?
 


LdiJ

Senior Member
doinwhatsright said:
What is the name of your state? texas

My husband has custody of his 2 boys. Their mother moved just barely over 100 miles away. (about 108 mi. ) According to the div. papers she is still to have them every 1st, 3rd and 5th weekend, but there is another "Alternate Weekend Possession" that states that on one weekend a month of "HER" choice she may elect this option for weekend possession. She seems to think this is IN ADDITION TO the 1st, 3rd and 5th weekends, so has been trying to pick them up on the 4th weekend also. I am confused by the wording, but I'm wondering if this ALTERNATE weekend posession is INSTEAD of the 1st, 3rd and 5th because it does not seem fair that seeing how it was her decision to move away, the boys should have to be away from their dad practically every weekend. Anyone know how to read this?
Its "instead of", not "in addition to". Tell dad to tell her to pound sand.
 

casa

Senior Member
doinwhatsright said:
What is the name of your state? texas

My husband has custody of his 2 boys. Their mother moved just barely over 100 miles away. (about 108 mi. ) According to the div. papers she is still to have them every 1st, 3rd and 5th weekend, but there is another "Alternate Weekend Possession" that states that on one weekend a month of "HER" choice she may elect this option for weekend possession. She seems to think this is IN ADDITION TO the 1st, 3rd and 5th weekends, so has been trying to pick them up on the 4th weekend also. I am confused by the wording, but I'm wondering if this ALTERNATE weekend posession is INSTEAD of the 1st, 3rd and 5th because it does not seem fair that seeing how it was her decision to move away, the boys should have to be away from their dad practically every weekend. Anyone know how to read this?
It means she can "alternate" a weekend of her choice. ie; she can choose the 4th weekend as an alternative to either the 3rd or 5th if she chooses.

Is there anything in the order which addresses giving notice to the father in the event of any change in visitation plans?
 

LdiJ

Senior Member
casa said:
It means she can "alternate" a weekend of her choice. ie; she can choose the 4th weekend as an alternative to either the 3rd or 5th if she chooses.

Is there anything in the order which addresses giving notice to the father in the event of any change in visitation plans?
I think they might be talking about the two different TX standard orders. One that is for under 100 miles, and the other that is for over 100 miles.

If I remember correctly the one for over 100 miles calls for the ncp to have a weekend a month of their choice.

It sounded to me like mom was attempting to keep to the schedule for under 100 miles, PLUS get the one weekend a month of her choice....giving herself an extra weekend each month.
 

casa

Senior Member
LdiJ said:
I think they might be talking about the two different TX standard orders. One that is for under 100 miles, and the other that is for over 100 miles.

If I remember correctly the one for over 100 miles calls for the ncp to have a weekend a month of their choice.

It sounded to me like mom was attempting to keep to the schedule for under 100 miles, PLUS get the one weekend a month of her choice....giving herself an extra weekend each month.
Standard TX orders address both under and over 100 miles within the same order. In this case the court order still allows mom the 1st, 3rd, 5th weekends even though she moved- so they are not following the 'over 100 miles' guideline anyway.

Yes that is exactly what the mom is trying to do...but that doesn't mean that's what should be happening.

OP your husband can tell the mom she does not/will not have the 4th weekend. Period.
 

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