Need clarification on orders please

[bonkers101]

Texas -

Summer periods of possession question - NCP just sent certified letter stating he wants JrBonk from May 26th to July 9th....actually he said July 6th which is his 42 days, but that is on a Friday, first weekend in July so he states that is his weekend so it extends it until Sunday the 9th. Irritating, but not the end of the world except JrBonks' birthday is on Sat the 8th.

My question is this, I am having problems figuring out if I get one or two weekends visitation this summer with JrBonk being gone 45 days, I'm assuming I get two - can someone decipher this please?

Summer Weekend Possession by Mom- If Mom gives Dad written notice by April 15 of a year, Mom shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Dad during Dad 's extended summer possession in that year, provided that if a period of possession by Dad in that year exceeds thirty days, Mom may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Mom picks up the child from Dad and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

So if i ask for June 9th and June 24th weekends that should be ok if I read this correctly? Neither of those is Father's Day weekend.

Thanks for any help.What is the name of your state?

 

[kluetke18]

from the way that reads, it sounds like you can request that****************************.but will he agree? that is the question??? i doubt it but its sounds like you can ask

 

[LdiJ]

Dad doesn't get to agree or disagree to that one. Its standard in TX.

 

[bonkers101]

So is that correct then - am I reading the papers correctly that if it is over thirty days I get two non-consecutive weekends?

Thanks!

 

[CJane]

So is that correct then - am I reading the papers correctly that if it is over thirty days I get two non-consecutive weekends?

Thanks!

Yes, you get two weekends. HOWEVER. The last weekend of the visit isn't going to be considered summer visitation, it's Dad's weekend AFTER summer visitation. Your two weekends need to fall w/in the summer break.

Look at it this way... if Dad exercised NO summer visitation at all, that 1st weekend in July would still be his weekend.

Does your order state anything about possession of the child on his birthday?

 

[ceara19]

Yes, you get two weekends. HOWEVER. The last weekend of the visit isn't going to be considered summer visitation, it's Dad's weekend AFTER summer visitation. Your two weekends need to fall w/in the summer break.

Look at it this way... if Dad exercised NO summer visitation at all, that 1st weekend in July would still be his weekend.

Does your order state anything about possession of the child on his birthday?

You're right about the fact that it's dad's regular weekend and that she can't request that weekend for one of her two weekeds. BUT, if it's the SOP for Texas, she can still get the child for the bday weekend, unless the CO says dad gets the kid on his bday, in addition to mom's 2 weekends she also gets to designate one weekend that would normally be dad's, that dad CANNOT have the child.



(D) If the managing conservator gives the possessory conservator written notice by May 15 of each year or gives the possessory conservator 14 days' written notice on or after May 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 (7) 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 so designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day weekend if the possessory conservator is the father of the child.

 

[bonkers101]

Yes, you get two weekends. HOWEVER. The last weekend of the visit isn't going to be considered summer visitation, it's Dad's weekend AFTER summer visitation. Your two weekends need to fall w/in the summer break.

Look at it this way... if Dad exercised NO summer visitation at all, that 1st weekend in July would still be his weekend.

Does your order state anything about possession of the child on his birthday?

Yes, I agree, the weekends I am asking for are June 9th and June 24th, neither one of those is father's day or son's birthday. Son's birthday is July 8. The way he wants it, son comes back July 9th, so that is fine....I just needed clarification on if i get one or two weekends.

Our orders were changed in mediation as far as the birthday thing, so he is supposed to have him this year for his birthday, so that is why he just extended his summer visit - saying ok, here is my 42 days, but that leads me up to his birthday AND the first weekend in July so I'll take those too. It is all so confusing.

Thanks!

 

[jslopez711]

You're right about the fact that it's dad's regular weekend and that she can't request that weekend for one of her two weekeds. BUT, if it's the SOP for Texas, she can still get the child for the bday weekend, unless the CO says dad gets the kid on his bday, in addition to mom's 2 weekends she also gets to designate one weekend that would normally be dad's, that dad CANNOT have the child.



(D) If the managing conservator gives the possessory conservator written notice by May 15 of each year or gives the possessory conservator 14 days' written notice on or after May 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 (7) 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 so designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day weekend if the possessory conservator is the father of the child.

I think this is correct if they left that paragraph in the Order. OP, re-read your order and look for this statement in it. If you have it, then you can have 3 Weekends during the Summer. --And the one that is stipulated in the paragraph above is one of Dad's weekend's when the child is not with him (i.e. you can have two consecutive weekends for vacation). This is SOP. Go look.

 

[bonkers101]

Yes, i do see that paragraph for parents who reside 100 miles apart or less, we are 250 miles or so from each other so this is how ours are written for summer...

3. Extended Summer Possession by DAD -

With Written Notice by April 1 - If DAD gives MOM written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, DAD shall have possession of the child for forty-two days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1 - If DAD does not give MOM written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, DAD shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

Notwithstanding the weekend periods of possession ORDERED for DAD, it is explicitly ORDERED that MOM shall have a superior right of possession of the child as follows:

1. Summer Weekend Possession by MOM - If MOM gives DAD written notice by April 15 of a year, MOM shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by DAD during DAD's extended summer possession in that year, provided that if a period of possession by DAD in that year exceeds thirty days, MOM may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that MOM picks up the child from DAD and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

2. Extended Summer Possession by MOM - If MOM gives DAD written notice by April 15 of a year, MOM may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which DAD shall not have possession of the child, provided that the period or periods so designated do not interfere with DAD's period or periods of extended summer possession or with Father's Day Weekend.


So the way I read that, he will have him the 45 days he has asked for, with me getting two weekends non-consecutive that do not fall on Father's day, then I can request 21 days where he does not have weekends?

Thanks for the replies, much appreciation!

 

[ceara19]

So the way I read that, he will have him the 45 days he has asked for, with me getting two weekends non-consecutive that do not fall on Father's day, then I can request 21 days where he does not have weekends?

Thanks for the replies, much appreciation!

That's pretty much the way it is. In some school districts though, summer breaks are shorter then in past years and it can be hard to follow the order to the letter.

 

[jslopez711]

Yes, i do see that paragraph for parents who reside 100 miles apart or less, we are 250 miles or so from each other so this is how ours are written for summer...

So the way I read that, he will have him the 45 days he has asked for, with me getting two weekends non-consecutive that do not fall on Father's day, then I can request 21 days where he does not have weekends?

Thanks for the replies, much appreciation!

Yes, 21 days is correct. Good luck.

 

[rmet4nzkx]

So the way I read that, he will have him the 45 days he has asked for, with me getting two weekends non-consecutive that do not fall on Father's day, then I can request 21 days where he does not have weekends?

Thanks for the replies, much appreciation!

Yes you can have your child for 21 uninterrupted days following his return from dad's extended possession and their should be enough time to fit it in if you take it fairly soon after child is returned to you.

 

[CJane]

Yes, I agree, the weekends I am asking for are June 9th and June 24th, neither one of those is father's day or son's birthday. Son's birthday is July 8. The way he wants it, son comes back July 9th, so that is fine....I just needed clarification on if i get one or two weekends.

Thanks!

Sorry, I read June 9th as July 9th and thought you were requesting Son's bday.

 

[bonkers101]

thank you all soooo much!