Question on Summer visit

[BorninTx]

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

In our decree, it states "If dad doesn't give mom written notice by April 1st of a year specifying an extended period or periods of summer possession for that year, dad shall have possession of the child for 42 consecutive days beginning at 6pm on June 15 and ending at 6pm on July 27 of that year.

Notwithstanding the weekend periods of possession ordered for dad, it is explicitly ordered mom shall have superior right of possession of the child as follows:

Extended Summer possession by mom-If mom gives dad written notice by April 15 of a year, mom may designate 21 days beginning no earlier than the day after child's school is dismissed for summer vacation and ending no later than 7 days before school resumes at the end of summer vacation in that year. Dad shall not have possession of the child, provided that the period or periods so designated don't interfere with dad's period/periods of extended summer possession or Father's Day Weekend."

So my question, what days would I be able to designate the 21 days for summer? Anytime since he doesn't give notice? Or not during his 42 days from June-July?What is the name of your state (only U.S. law)?

 

[CJane]

Not during his 42 days.

 

[mistoffolees]

Not during his 42 days.

Agreed, but that's a pretty poorly written order. If you end up back in court to change it for any other reason, I'd clean up the wording to make it clear.

 

[BorninTx]

Thanks. So would we resume the normal weekend visits after July 27th? Or I could use some of the 21 days I want to designate before school starts back at this time?

 

[CJane]

Thanks. So would we resume the normal weekend visits after July 27th? Or I could use some of the 21 days I want to designate before school starts back at this time?

You cannot use any of Dad's specified summer possession time for your 21 days. You cannot use Father's day.

You can use any other days during the summer - including any weekend not during dad's 42 days - as your time.

 

[LdiJ]

Here is how I see it:

Dad has until April 1st to notify you of his 42 days. If he doesn't notify you then it defaults to the June/July schedule. You then have until April 15th to notify him of your 21 days.

If your summer is 12 weeks long, that's a total of 84 days. After deducting the 7 days at the end of the summer possession that's 77 days. Therefore there is probably going to be pretty obvious when you can take your 21 days, as 42 plus the 7 remaining at the end of summer only leaves about 35 days where your time could be taken. If your summer is only 10 or 11 weeks long, its going to be even more obvious. If its 10 weeks long you are basically going to be getting all of the rest of the summer after dad's 42 days.