CP visitation rights

[LdiJ]

Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child:

(1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator;

(2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled;

(3) the possessory conservator shall be ordered to do one of the following:

(A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or

(B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if:

(i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or

(ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered;

(4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled;

(5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession;

(6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned;

(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;

(8) written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due; and

(9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school.

It sounds to me like he is supposed to pick up the child at your residence at the beginning of his visitation, (or school) and that you are supposed to pick up the child at his residence at the end of the visitation.

Therefore, no, he cannot dictate when and where the exchange is to take place.

The "when" is controlled by the visitation portion of the order (which you did not quote here) and the "where" is clearly stated above.

 

[tanilan]

Order

SUBCHAPTER F. STANDARD POSSESSION ORDER

§ 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
POSSESSION. The court shall specify in a standard possession order
that the parties may have possession of the child at times mutually
agreed to in advance by the parties and, in the absence of mutual
agreement, shall have possession of the child under the specified
terms set out in the standard order.
§ 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART.
(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.

 

[Zephyr]

yes...the when is clearly defined in other chapters of the family code...which I assume OP can google for herself.

 

[The_Non-Mom]

Sorry my son is involved in band, football, basketball, UIL Academics, A/B Honor Roll, Cross Country (6th in our district), golf, and track & field. My husband is also his shot and discus coach (kind of important to be at practice if you want to be good).

The order is general, it has not been modified since my son was 6 months old (at that time his dad and I were still together). I got married 4 1/2 years ago. I moved because that is where my job and my husband's job was.

You moved, so how is the distance Dad's problem?

And I didn't see anywhere in the International Parenting Handbook that a child needs to be enrolled in every activity available to him or her, so if your son's activities are interfering with his time with Dad, maybe he needs to cut back on activities.

 

[tanilan]

It sounds to me like he is supposed to pick up the child at your residence at the beginning of his visitation, (or school) and that you are supposed to pick up the child at his residence at the end of the visitation.

Therefore, no, he cannot dictate when and where the exchange is to take place.

The "when" is controlled by the visitation portion of the order (which you did not quote here) and the "where" is clearly stated above.

Thank you, that is what I was asking. I didn't understand. Apparently, I have been getting used in this whole deal.

What happens, next year when my son is in high school?

 

[Ohiogal]

Thank you, that is what I was asking. I didn't understand. Apparently, I have been getting used in this whole deal.

What happens, next year when my son is in high school?

The order remains in place. It doesn't turn into a pumpkin.

What do YOU mean what happens?

 

[tanilan]

You moved, so how is the distance Dad's problem?

And I didn't see anywhere in the International Parenting Handbook that a child needs to be enrolled in every activity available to him or her, so if your son's activities are interfering with his time with Dad, maybe he needs to cut back on activities.

When said child chooses to do these activities, then what am I to do? Tell him no? His dad doesn't even come to any of his activities to support him!

 

[Ohiogal]

When said child chooses to do these activities, then what am I to do? Tell him no? His dad doesn't even come to any of his activities to support him!

Child does NOT get to decide to avoid dad. The order is the order. If dad is due to have the child on every other weekend, dad gets the child EOW regardless of what is going on. You can always move for a modification of the court order to put the child's activities before dad.

 

[Isis1]

When said child chooses to do these activities, then what am I to do? Tell him no? His dad doesn't even come to any of his activities to support him!

yes. you tell him NO!

 

[Isis1]

Child does NOT get to decide to avoid dad. The order is the order. If dad is due to have the child on every other weekend, dad gets the child EOW regardless of what is going on. You can always move for a modification of the court order to put the child's activities before dad.

i wouldn't want to be in that courtroom when that gets in front of the judge.

 

[Zephyr]

Thank you, that is what I was asking. I didn't understand. Apparently, I have been getting used in this whole deal.

What happens, next year when my son is in high school?

so you have been picking the child up at dad's residence at the end of his parenting time but meeting him somewhere in the middle at the start?

 

[tanilan]

So you are telling my child should not have the right to choose to do activities (unless if affects his academic work) he wants to do, to go spend time with his dad? He is suppose to miss out on the things HE wants to do?

So I guess when he wants to play in the state championship football game or go to state for an academic competition, he shouldn't go because daddy choose to see him.

And further more, I don't care if his dad wants him or not. That is not the problem. The problem is we are having to drive 45 minutes away to drop him off with his dad. His dad only lives 25 minutes from the normal drop off point!

 

[Zephyr]

So you are telling my child should not have the right to choose to do activities (unless if affects his academic work) he wants to do, to go spend time with his dad? He is suppose to miss out on the things HE wants to do?

So I guess when he wants to play in the state championship football game or go to state for an academic competition, he shouldn't go because daddy choose to see him.

And further more, I don't care if his dad wants him or not. That is not the problem. The problem is we are having to drive 45 minutes away to drop him off with his dad. His dad only lives 25 minutes from the normal drop off point!

tan- be realistic....you moved, did you not think about the additional driving prior to the move? And the normal drop off point is- you get kiddo from dad's house, he gets kiddo from your house

 

[tanilan]

so you have been picking the child up at dad's residence at the end of his parenting time but meeting him somewhere in the middle at the start?

No I am driving from our house, 45 minutes away to meet him in another town that is not even the town he lives in. He lives approximately an 1 1/2 hours away from where we live!

 

[Ohiogal]

No I am driving from our house, 45 minutes away to meet him in another town that is not even the town he lives in. He lives approximately an 1 1/2 hours away from where we live!

Then dad is meeting you halfway. He should be picking the child up at your place but you need to realize that YOU moved. You also need to realize that dad is important in the child's life and allowing dad to be scheduled out of junior's life while stepdad is scheduled in is NOT going to work well with the judge.