Standard Texas Possesion

[txrose1998]

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

I have a question in regards to standard texas possesion order. This is for my sister:

Her daughter's birthday falls during Thanksgiving break. Her ex-husband has Thanksgiving break for this year. Her order states that when the other party has possesion, she would have possesion on this child's birthday from 6pm-8pm of that day. Her ex-husband states that Thanksgiving supercedes that. How does that work and who is right in this scenario?

Thanks in advance for all replies.

 

[Ohiogal]

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

I have a question in regards to standard texas possesion order. This is for my sister:

Her daughter's birthday falls during Thanksgiving break. Her ex-husband has Thanksgiving break for this year. Her order states that when the other party has possesion, she would have possesion on this child's birthday from 6pm-8pm of that day. Her ex-husband states that Thanksgiving supercedes that. How does that work and who is right in this scenario?

Thanks in advance for all replies.

When during Thanksgiving break? How long is Thanksgiving break? Is dad going out of town for Thanksgiving?

 

[txrose1998]

When during Thanksgiving break? How long is Thanksgiving break? Is dad going out of town for Thanksgiving?

The Thanksgiving break is listed for Friday, the 21st when the child gets out of school until Sunday, the 30th. The child's birthday is 11/28. The father is being very sketchy about his plans. One minute he has claimed to be out of town and the next minute not.

 

[txrose1998]

Just giving myself a BUMP!

 

[proud_parent]

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

I have a question in regards to standard texas possesion order. This is for my sister:

Her daughter's birthday falls during Thanksgiving break. Her ex-husband has Thanksgiving break for this year. Her order states that when the other party has possesion, she would have possesion on this child's birthday from 6pm-8pm of that day. Her ex-husband states that Thanksgiving supercedes that. How does that work and who is right in this scenario?

Thanks in advance for all replies.

Forget the possession order for a moment. Is it really in your niece's best interest for her parents to bicker over two hours? Even if holiday parenting time does not trump birthday parenting time (and I'm not in TX, so I'm not here to comment whether Dad is correct), is this a hill worth dying on?

My advice to your sister: consider being the bigger person, Mom. Let Daughter and Dad enjoy uninterrupted parenting time over Thanksgiving break. Mom can call Daughter on her birthday and wish her well, and Mom and Daughter can celebrate either before or after the holiday.

 

[LdiJ]

Special days trump regular days, holidays trump special days. Dad is correct. Although, if dad's not going out of town, its a little mean for dad not to allow the 2 hours on that Friday. If dad is, then dad is not being mean. Legally however, he is still right.

 

[txrose1998]

Special days trump regular days, holidays trump special days. Dad is correct. Although, if dad's not going out of town, its a little mean for dad not to allow the 2 hours on that Friday. If dad is, then dad is not being mean. Legally however, he is still right.

I understand, proud parent. It is not a hill to die on, but that is how they react to each other. Ldj, thanks for letting me know. I appreciate all the replies

 

[texastepmom]

this happened to my dh... his son's birthday is the day before christmas, so it was always a holiday period of possession on his birthday... the way i read his decree, it sounded like holiday's were a "period of possession" that superceded the standard visitaion order, and that the person who doesn't have "possession" (it doesn't specify holiday possession or standard possession" of the child on thier birthday gets to take them from 6-8... the opposite of what ldij stated...

he would always pick up his son on his birthday if he was at his mom's for x-mas... luckily, dh and his ex never made a big deal out of this issue.

ok, i dug up dh's order...

Child's Birthday - if a parent is not otherwise entitled under this possessoion order to present possession of the child on the child's birthday, that parent shall have possession of the child beginning at 6:00 pm and ending at 8:00 pm on that day, provided that the parent picks up the child from the other parents residence and returns the child to the same place.

nothing is stated about holiday's superceding the child's birthday... were we reading this wrong all along?

 

[Isis1]

this happened to my dh... his son's birthday is the day before christmas, so it was always a holiday period of possession on his birthday... the way i read his decree, it sounded like holiday's were a "period of possession" that superceded the standard visitaion order, and that the person who doesn't have "possession" (it doesn't specify holiday possession or standard possession" of the child on thier birthday gets to take them from 6-8... the opposite of what ldij stated...

he would always pick up his son on his birthday if he was at his mom's for x-mas... luckily, dh and his ex never made a big deal out of this issue.

ok, i dug up dh's order...

Child's Birthday - if a parent is not otherwise entitled under this possessoion order to present possession of the child on the child's birthday, that parent shall have possession of the child beginning at 6:00 pm and ending at 8:00 pm on that day, provided that the parent picks up the child from the other parents residence and returns the child to the same place.

nothing is stated about holiday's superceding the child's birthday... were we reading this wrong all along?

ahem, you shouldn't be reading this court order anyway at all**************.


however, if two parties agree (like you stated), then there is no such thing as reading it wrong. they are not conflicting. they seem to be doing fine.

 

[CJane]

ahem, you shouldn't be reading this court order anyway at all**************.

Actually, I think if someone is going to be in a relationship with someone who is bound by a court order, they absolutely should read the order and become VERY familiar with it. They'd be stupid (or at least deliberately ignorant) not to.

My order actually says (and it's standard language in a MO order) that if either myself or my ex enter into a long-term relationship, we are to ensure that the SO is 'apprised of and familiar with the terms of the custody decree' and that they follow it as much as is possible and appropriate.

however, if two parties agree (like you stated), then there is no such thing as reading it wrong. they are not conflicting. they seem to be doing fine.

Her HUSBAND and HIS EX agree - the question is about her SISTER and former BIL. THEY do NOT agree.

And for the record OP, I think your husband and his ex are correct. If it specifically states that whoever does NOT have possession of the child gets 2 hours, then the parent w/out the child in their possession gets the 2 hours. And it can't be a surprise to these parents that once in awhile it's going to jack up the holiday.

 

[nextwife]

The Thanksgiving break is listed for Friday, the 21st when the child gets out of school until Sunday, the 30th. The child's birthday is 11/28. The father is being very sketchy about his plans. One minute he has claimed to be out of town and the next minute not.

Wow! That's a long break! Our kids get from noon dismissal on Wed. the 24th through Sunday the 30th. Back to school on the 1st.

 

[texastepmom]

Actually, I think if someone is going to be in a relationship with someone who is bound by a court order, they absolutely should read the order and become VERY familiar with it. They'd be stupid (or at least deliberately ignorant) not to.

My order actually says (and it's standard language in a MO order) that if either myself or my ex enter into a long-term relationship, we are to ensure that the SO is 'apprised of and familiar with the terms of the custody decree' and that they follow it as much as is possible and appropriate.



Her HUSBAND and HIS EX agree - the question is about her SISTER and former BIL. THEY do NOT agree.

And for the record OP, I think your husband and his ex are correct. If it specifically states that whoever does NOT have possession of the child gets 2 hours, then the parent w/out the child in their possession gets the 2 hours. And it can't be a surprise to these parents that once in awhile it's going to jack up the holiday.

the point is moot for dh and his ex now as SS is 21 and not a part of the possession order anymore... i knew that if they agreed they could interpret the order however they wanted, i was just curious if they were actually interpreting in the manner it was intended or not... ldij's answer surprised me a bit and so i was curious.

 

[CJane]

Wow! That's a long break! Our kids get from noon dismissal on Wed. the 24th through Sunday the 30th. Back to school on the 1st.

Sometimes the 'break' as defined by the order isn't the same as the break defined by the school.

I know in our case, the school will take away 'break' days in order to recoup snow days and avoid lengthening the school year - so Spring Break almost never is the full amount of time, they are rarely out for MLK day or President's day, etc. Maybe the TX SOP defines the holiday periods?

 

[txrose1998]

Wow! Thanks for all the responses and opinions. My sister's order gives a longer than normal breaks due to my neice's unorthodox school schedule. But it seems as if because the court order is somewhat vague it could be interperted in many ways? My sister does not want to die on this hill, but some problems have prevented her from seeing her daughter very much in the lasf few months and she would very much like those two hours if she legally can.,

 

[penelope10]

Here's what's in MY TX ORDER---have sis read her's carefully...

Child's b-day---If Pen is NOT OTHERWISE ENTITLED under this Standard Possession Order to present possession of the child on the child's b-day, Pen shall have possession of the child beginning at 6:00 pm and ending at 8:00 pm on that day, provided that Pen picks up child from OZ's residence and returns child to OZ's residence.

Thanksgiving in even-numbered Years-- In even-numbered years Pen will have possession of child, beginning at 6:00 on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 pm on the following Sunday.

So if Sis's order is anything like mine, I would interpret that since this year Thanksgiving is Dad's, then Mom could have the child under the provision of NOT OTHERWISE ENTITLED to have the child for his/her Bday for however long the order spells out. (In my case it would be for 2 hours)

As I said, have Sis read her order---my standard order was from over 4 years ago.

While I agree this may not be a hill worth dying on---I do believe that if Dad is NOT going out of town then he's being an @$$ for not allowing Mom to the time specified in the order.

Next year, Dad in turn, could have the kiddo for the time specified per the order under NOT OTHERWISE ENTITLED. So, no a holiday is not superior to the right for the parent who does not have that holiday on a particular year to spend some time with their child on that child's birthday.