What is the name of your state? Texas
My husband and I need clarification of these orders. I am the stepmother. My husband would do this himself but he doesn't have the access I do and he leaves this kind of stuff up to me. I just relay the information back to him.
History: My husband recently won custody of his 8 year old daughter and him and his ex agreed on a final custody order. In the order it states the following for summer for parents who reside 100 miles or less apart which is the way it is in their case.
"If [mother] gives [father] written notice by April 1 of a year specifying an extended period or periods of summer possession of that year, [mother] shall have possession of the child for 30 days beginning no earlier than the day after the childs 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..."
Question: Does this mean that if the mother gives father notice before April 1st that she can only split the 30 days in 2 and both no less than 7 consecutive days? Also, when doing this would weekends (1st, 3rd, 5th) that are normally hers be counted as part of the 30 days that she has alotted since they are counted in July?
2. Secondly, if mother does not give notice by April 1st, the orders state "If [mother] does not give [father] written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, [mother] shall have possession of the child for 30 consecutive days in that year beginning at 6pm on July 1 and ending at 6pm on July 31."
Background: Even though mother did not give written notice she is getting married the Saturday after school ends and is taking the child out of state for her wedding. She is now contacting the father wanting to discuss the 30 days in July. The father has told the mother that she is already taking 7 of her 30 days for her wedding and therefore only has 23 days in July to discuss. Additionally they have in the orders that the parents birthdays the child is in that parents possession from 8am on the birthday until the next morning at 8am. The father's birthday happens to fall on July 2nd. The order states the birthday possession takes precedence over all other possession schedules.
Question: Is the father correct in stating since the mother is taking the child for the mothers wedding on days that would be the father's and a weekend that is normally the mothers that that constitutes 7 days of the mothers 30 days in July? And also, should it not be 29 days instead of 30 since the father gets the child for 1 of the 30 days in July for his birthday July 2nd?
3. Thursday Possession: The order states "On Thursdays of each week during the regular school term, beginning at the time the school is regularly dismissed and ending at the time the child's school resumes on Friday."
Question: Thursday possession does not apply over the summer correct? I have already gotten clarification from our attorney but wanted it reiterated.
4. Summer Weekend Possession by [father]: "If [father] gives [mother] written notice by April 15 of a year, [father] shall have possession if the child any one weekend beginning at 6pm on Friday and ending at 6pm on the following Sunday during any one period of the extended summer possession by [mother] in that year, ..."
Extended Summer Possession by [father]: "If [father] gives [mother] written notice by April 15 of a year or gives [mother] 14 days written notice on or After April 16 of a year, [father] may designate one weekend beginning no earlier thatn 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, during which an otherwise scheduled weekend or period of possession by [mother] shall not take place in that year, provided that the weekend so designated does not interfere with [mothers] period or periods of extended summer possess."
Question: Does this mean that the [father] has the opportunity to designate 2 weekends of the [mothers] weekends during the summer as long as he follows the guidelines provided? Also, if [mother] chooses to take the last 3 weeks of July (of her 30 days because she did not give notice by April 1st) does this mean the [father] can take one of those weekends of the 3 weeks in July as his weekend?
Thanks, I look forward to answers as soon as possible. This is the first year we are going through this, so once we get it clarified this year we won't have anymore questions and every year should go smoothly.What is the name of your state? Texas
My husband and I need clarification of these orders. I am the stepmother. My husband would do this himself but he doesn't have the access I do and he leaves this kind of stuff up to me. I just relay the information back to him.
History: My husband recently won custody of his 8 year old daughter and him and his ex agreed on a final custody order. In the order it states the following for summer for parents who reside 100 miles or less apart which is the way it is in their case.
"If [mother] gives [father] written notice by April 1 of a year specifying an extended period or periods of summer possession of that year, [mother] shall have possession of the child for 30 days beginning no earlier than the day after the childs 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..."
Question: Does this mean that if the mother gives father notice before April 1st that she can only split the 30 days in 2 and both no less than 7 consecutive days? Also, when doing this would weekends (1st, 3rd, 5th) that are normally hers be counted as part of the 30 days that she has alotted since they are counted in July?
2. Secondly, if mother does not give notice by April 1st, the orders state "If [mother] does not give [father] written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, [mother] shall have possession of the child for 30 consecutive days in that year beginning at 6pm on July 1 and ending at 6pm on July 31."
Background: Even though mother did not give written notice she is getting married the Saturday after school ends and is taking the child out of state for her wedding. She is now contacting the father wanting to discuss the 30 days in July. The father has told the mother that she is already taking 7 of her 30 days for her wedding and therefore only has 23 days in July to discuss. Additionally they have in the orders that the parents birthdays the child is in that parents possession from 8am on the birthday until the next morning at 8am. The father's birthday happens to fall on July 2nd. The order states the birthday possession takes precedence over all other possession schedules.
Question: Is the father correct in stating since the mother is taking the child for the mothers wedding on days that would be the father's and a weekend that is normally the mothers that that constitutes 7 days of the mothers 30 days in July? And also, should it not be 29 days instead of 30 since the father gets the child for 1 of the 30 days in July for his birthday July 2nd?
3. Thursday Possession: The order states "On Thursdays of each week during the regular school term, beginning at the time the school is regularly dismissed and ending at the time the child's school resumes on Friday."
Question: Thursday possession does not apply over the summer correct? I have already gotten clarification from our attorney but wanted it reiterated.
4. Summer Weekend Possession by [father]: "If [father] gives [mother] written notice by April 15 of a year, [father] shall have possession if the child any one weekend beginning at 6pm on Friday and ending at 6pm on the following Sunday during any one period of the extended summer possession by [mother] in that year, ..."
Extended Summer Possession by [father]: "If [father] gives [mother] written notice by April 15 of a year or gives [mother] 14 days written notice on or After April 16 of a year, [father] may designate one weekend beginning no earlier thatn 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, during which an otherwise scheduled weekend or period of possession by [mother] shall not take place in that year, provided that the weekend so designated does not interfere with [mothers] period or periods of extended summer possess."Question: Does this mean that the [father] has the opportunity to designate 2 weekends of the [mothers] weekends during the summer as long as he follows the guidelines provided? Also, if [mother] chooses to take the last 3 weeks of July (of her 30 days because she did not give notice by April 1st) does this mean the [father] can take one of those weekends of the 3 weeks in July as his weekend?
Thanks, I look forward to answers as soon as possible. This is the first year we are going through this, so once we get it clarified this year we won't have anymore questions and every year should go smoothly.
What is the name of your state? Texas