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Is Summer Visitation Extended if the Child Makes a Brief Visit Home

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  • 07-28-2016, 03:59 PM
    renae4630
    Is Summer Visitation Extended if the Child Makes a Brief Visit Home
    My question involves a child custody case from the State of: Texas. My daughters dad lives over 100miles away so he gets her for 42 days. He requested to start on the 19 which was fathers day but I know you can't include father's day so I started counting on the 20. Now his 42 days will be up on July 31 but here is the issue. My daughter wanted to come home one weekend so he allowed her to visit Thurs through sun but he is now stating that he gets to add 4 more days since he let me get her. How does that work? Is this true?
  • 07-28-2016, 07:49 PM
    qwaspolk69
    Re: Summer Visitation
    Quote:

    Quoting renae4630
    View Post
    My question involves a child custody case from the State of: Texas. My daughters dad lives over 100miles away so he gets her for 42 days. He requested to start on the 19 which was fathers day but I know you can't include father's day so I started counting on the 20. Now his 42 days will be up on July 31 but here is the issue. My daughter wanted to come home one weekend so he allowed her to visit Thurs through sun but he is now stating that he gets to add 4 more days since he let me get her. How does that work? Is this true?

    That would be up to the two of you. These are the kind of things judges want parents to work out on their own. He did not have to let her come home during his time. So if he has gotten 42 days, then he got 42 days. If you want to allow him those 4 days that would be on you. Do you have to let him make up those days? I would not think so. He did not have to let her go home for that weekend.
  • 07-28-2016, 07:52 PM
    BooRennie
    Re: Summer Visitation
    Quote:

    Summer over 100 miles

    If the noncustodial parent lives more than 100 miles away from the child, he or she gets an extended summer possession of up to 42 days.

    NCPs must give written notice to the CP by April 1 if they want to specify an extended period(s) of summer possession.

    If the CP gives the NCP written notice by April 15 of each year, the CP shall have possession of the child on any one weekend beginning at 6 p.m. Friday and ending at 6 p.m. on the following Sunday during any one extended period of summer possession by the NCP.

    If written notice is not given and the parents live more than 100 miles apart, the NCP shall have possession from 6 p.m. June 15 through 6 p.m. July 27.

    Unless the parents agree to a different pick-up and drop-off point, the child is picked up at the parent’s residence.

    If the CP gives the NCP written notice by April 15 of each year, the CP may designate 21 days that begin not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than 7 periods of at least 7 consecutive days each, beginning and ending at 6 p.m. on each applicable day. The NCP may not have possession of the child during this time if the period or periods do not interfere with the NCP’s period or periods of extended summer possession, or with Father’s Day, if the NCP is the father of the child.
    http://www.txaccess.org/standard-pos...arenting-time/
  • 07-28-2016, 07:58 PM
    renae4630
    Re: Summer Visitation
    Yes I know but that's where I guess we are confused...my daughter is 8 first summer she has been with her dad this long so she was having a hard time. So he decided to let her come home for 4 days I didn't give notice because our new paperwork was after the notice date which was fine. But he is now stating that since I got her for 4 days he gets to keep her for 4 days extra and I don't think that is right.

    My paperwork does not state I have to let him make up days because he chose to let me have those days I didn't send anything in writing. I've tried to explain that to him but he is refusing go listen and now thinks since he let me get her (my daughter isn't use to being gone that long and was having a hard time so he decided it would be good for her) he gets to add four days on which I'm under the impression that he doesn't.
  • 07-28-2016, 08:11 PM
    Dogmatique
    Re: Summer Visitation
    You have to pick your battles. I get that this is the first really long period they're spending together, but unless you two can manage to work this out you may be in line for a very miserable 10 years.

    Is there really any harm in giving him those 4 days? She's had a break, right? So ... ?
  • 07-28-2016, 08:24 PM
    renae4630
    Re: Summer Visitation
    Yes there is harm bc that's when my vacation with her is supposed to start before school. Plus he has given me straight hell when I've tried to do things amicably buy he chooses not to. My daughter is ready to come home and if he can't work with me then I'm to the point of not working with him. I've let him have her whenever he wanted for the last 8 years with no issues. His personal like changed so the way he started acting changed which is why I went to get this on paper so we wouldn't have any issues. I just want things done the right way bc I know if I asked for something he would not be willing to work with me. Im aware it will be a difficult ten tears I've come to realize that since these papers were done just in June and if hasn't been on my end. My daughter is ready to come home I will only have had two weeks with her this summer if she comes home this weekend before school starts
  • 07-28-2016, 09:01 PM
    Dogmatique
    Re: Summer Visitation
    Quote:

    Quoting renae4630
    View Post
    Yes there is harm bc that's when my vacation with her is supposed to start before school. Plus he has given me straight hell when I've tried to do things amicably buy he chooses not to. My daughter is ready to come home and if he can't work with me then I'm to the point of not working with him. I've let him have her whenever he wanted for the last 8 years with no issues. His personal like changed so the way he started acting changed which is why I went to get this on paper so we wouldn't have any issues. I just want things done the right way bc I know if I asked for something he would not be willing to work with me. Im aware it will be a difficult ten tears I've come to realize that since these papers were done just in June and if hasn't been on my end. My daughter is ready to come home I will only have had two weeks with her this summer if she comes home this weekend before school starts

    Oh. I thought you were concerned about her ... my mistake. Sorry.
  • 07-28-2016, 11:37 PM
    Mercy&Grace
    Re: Summer Visitation
    Dogmatique is correct. You are't concerned about your daughter, you want to make a point. The next time she wants to come home for a few days and Dad won't let her, she will have you to Thank.
  • 07-28-2016, 11:53 PM
    renae4630
    Re: Summer Visitation
    Wrong I am concerned about my child I don't need to explain how she calls wanting to come home everyday. I am expressing how I've ways helped him and when it comes to the sgie being on the other foot its not the same. That's why I responded the way I did bc people always assume the mother is being difficult but in this case its the other way around. If I didn't care I would of drug him through court instead I agreed to things out of court to make it easier for him. So before you try to sit and say I don't care about my daughter u should re-reas the fact that I've stated more than once our daughter is ready to come home and she has been ready to come home.
  • 07-29-2016, 01:36 AM
    T53147
    Re: Summer Visitation
    What would you want if your roles were reversed? He received ONLY 42 days; you already had a big chunk of summer vacation if she was with you before the formal papers.

    What have you done to give a positive message about being with her Dad? I expect you sympathized with her.

    I really pity your daughter. Her Dad let her have time with you that he was not required to, and you are unwilling to give makeup time. You already have her most of the days of the year and you are griping about 4 lousy days. If you want her home in the summer, give him 4 extra days at Christmas, but I expect you are unwilling to do that either.
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