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  1. #1
    Join Date
    Aug 2015
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    4

    Default How Does Extended Summer Visitation Work

    My question involves a child custody case from the State of: Texas

    The couple was divorced in late 2013 and share custody of one female child. The decree is not in question with the exception of one portion of the custody rules within it. Each party interprets this portion differently.

    For the purposes of this discussion, "Summer Weekend Possession" for either party is defined as Friday 6pm to Sunday 6pm. "Extended Summer Possession" for the father is defined as July 1st at 6pm to July 31st at 6pm.

    Please help us understand what each of the following paragraphs mean and how they differ from each other:

    Specified Terms of Possession

    1. Summer Weekend Possession by MOTHER - If Mother gives Father written notice by April 15 of a year, Mother shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Father in that year, provided that Mother picks up the child from Father and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession.

    2. Extended Summer Possession by MOTHER - If Mother gives Father written notice by April 15 of a year or gives Father fourteen days' written notice on or after April 16 of a year, Mother may designate one weekend beginning 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, during which an otherwise scheduled weekend period of possession by Father shall not take place in that year, provided that the weekend so designated does not interfere with Father's period or periods of extended summer possession or with Father's Day possession.

    Thank you!

  2. #2
    Join Date
    Apr 2009
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    35,894

    Default Re: Requesting Clarification on for Summer Custody Rules

    Where does the confusion lie?

  3. #3
    Join Date
    Aug 2015
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    4

    Default Re: Requesting Clarification on for Summer Custody Rules

    In the legal jargon of the two sections. We don't understand how they differ. As we understand it, in the first section, the Mother can designate a weekend for her own possession as long as she gives proper notification to the Father. But the second section says the same thing (with the exception of the "does not interfere with Father's period or periods of extended summer possession or Father's Day possession"). The two sections seem to negate each other when it comes to extended summer possession.

  4. #4
    Join Date
    Feb 2014
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    1,724

    Default Re: Requesting Clarification on for Summer Custody Rules

    No, it doesn't. It's discussing two different periods. Mom gets a weekend during Dad's extended summer possession and she gets an extra weekend from Dad's normal 1-3-5, excluding the third weekend in June and Dad's extended summer possession.

  5. #5
    Join Date
    Aug 2015
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    4

    Default Re: Requesting Clarification on for Summer Custody Rules

    Thank you BooRennie!

    So the line that reads "during which an otherwise scheduled weekend period of possession by Father shall not take place in that year" means that whatever weekend Mom chooses during Dad's normal 1-3-5 (not including
    Father's day or extended possession) can't be "made up" by Dad, right? It's not a "swap a weekend" situation?

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How Does Extended Summer Visitation Work

    Quote Quoting sp00k
    View Post
    My question involves a child custody case from the State of: Texas

    The couple was divorced in late 2013 and share custody of one female child. The decree is not in question with the exception of one portion of the custody rules within it. Each party interprets this portion differently.

    For the purposes of this discussion, "Summer Weekend Possession" for either party is defined as Friday 6pm to Sunday 6pm. "Extended Summer Possession" for the father is defined as July 1st at 6pm to July 31st at 6pm.

    Please help us understand what each of the following paragraphs mean and how they differ from each other:

    Specified Terms of Possession

    1. Summer Weekend Possession by MOTHER - If Mother gives Father written notice by April 15 of a year, Mother shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Father in that year, provided that Mother picks up the child from Father and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession.

    2. Extended Summer Possession by MOTHER - If Mother gives Father written notice by April 15 of a year or gives Father fourteen days' written notice on or after April 16 of a year, Mother may designate one weekend beginning 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, during which an otherwise scheduled weekend period of possession by Father shall not take place in that year, provided that the weekend so designated does not interfere with Father's period or periods of extended summer possession or with Father's Day possession.

    Thank you!
    Its pretty simple.

    During dad's month of July, mom gets to take one of the weekends. He gets all of the rest of the July weekends. However she has to give him written notice by April 15th as to which weekend she is selecting.

    Mom ALSO gets to take one of dad's weekends, some other time during the summer, so that she can have an extended, uninterrupted three weeks with the child. She also has to give him notice of which weekend, by April 15th.

    - - - Updated - - -

    Quote Quoting sp00k
    View Post
    Thank you BooRennie!

    So the line that reads "during which an otherwise scheduled weekend period of possession by Father shall not take place in that year" means that whatever weekend Mom chooses during Dad's normal 1-3-5 (not including
    Father's day or extended possession) can't be "made up" by Dad, right? It's not a "swap a weekend" situation?
    No, its not a "swap a weekend" situation. Dad doesn't get makeup time.

  7. #7
    Join Date
    Aug 2015
    Posts
    4

    Default Re: How Does Extended Summer Visitation Work

    Thank you to everyone who has replied. These explanations have cleared up the confusion and Mom and Dad are on the same page. Much appreciated!

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