Standard Visitation Schedule for Summer Holidays in Texas
My question involves a child custody case from the State of: TEXAS
My husband and I are going through a divorce. The temporary orders are in place which allow him standard visitation with my older child (4) and no over night for the younger one (2). My older child attends a pre school facility and has been attending it for the past two years since he was 2. The standard visitation order allows him standard visitation on the 1st, 3rd and 5th weekend of the month from the thursdays when school goes out till monday when school is back on. which is fine. now my question is, does this also apply in the summer. He had my older child from June 1- June 30, now i was under the impression that my child will be back this coming thursday being june 30 the last day of his extended possession. He told me since the first weekend of the next month falls right after, he can have him for the coming long weekend as well. Is that how it works. I thought this weekend visitation only applied during the school year? can someone please help me out here. According to the standard texas code, is my child suppose to be back on thurs. being the last day of his std. possession or is he entitled to his regular weekend visitations in the summer as well?
Thanks
Re: Standard Visitation Schedule for Summer Holidays in Texas
Minus names, what exactly does your court order say?
Re: Standard Visitation Schedule for Summer Holidays in Texas
Minus names, what exactly does your court order say?
It is a standard possession order. it is exactly as it is stated in the family law code of texas. no changes. but there are no specific guidelines for summers. does this 1st, 3rd and 5th weekend thing also apply in the summer?
this is what it states about the weekends and i am copying it as is:
Weekends-On weekends, beginning at te time the child's school is regularly dismissed, on the 1st, 3rd and 5th Friday of each month and ending at the time the child's school resumes after the weekend.
Thursdays - On thursday of each week during the regular school term, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes on friday.
the above two paragraphs are from the order as is. ofcourse if it is his weekend then he has him from thursdays after school to monday he will drop him back.
so again my question how do summers work?
Re: Standard Visitation Schedule for Summer Holidays in Texas
Your court order doesn't specify that the second half of the summer is yours, so, I'm sorry to say, the visitations revert to the weekend guidelines.
Perhaps this is something you could consider altering to be more specific the next time you and your ex modify your visitation order.
Re: Standard Visitation Schedule for Summer Holidays in Texas
The standard order per the family code should give him six weeks in the summer with you having two weekends in between. Outside of his extended periods of possession reverts to the weekend schedule. So he could conceivably piggyback the different periods of possession. The standard order is pretty clear and unambiguous.
Re: Standard Visitation Schedule for Summer Holidays in Texas
Actually my standard orders says 30 days. Iwill type exactly what it says.
With written notice by april 1. (name - my ex) gives (name - me) written notice by april 1 of a year specifying an extended period of periods of summer possession for that year, (my ex) shall have possession of the child for 30 days begining 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 seperate periods of atleast seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6p.
The next paragraph goes on to say that if he doesnt give me written notice. he gets the child from July 1-31st by default.
okay so from my understanding the weekend possession is for all year round. but what about the thursdays. here is what it says:
Thursday- on thursday of each week during the regular school term, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes on friday.
so this obviously specifically says during the school term. so during summers he doesnt get thursday overnights ? how does that work?
because otherwise, he picks him up from school on thursday keeps him friday(does the pickup and dropoff to school), keeps him for the weekend and drops him back to school on monday. but if it is not his weekend he drops him back to school on friday and i pick him up after school. can someone pls help me understand this. Thanks