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  1. #1
    Join Date
    Mar 2019
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    Default How Does Parenting Time Work During a Dad's Extended Summer Possession

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

    My decree states that I get my kids 30 days in the summer so I chose July 1st - 30th. Their mom gets to choose 1 weekend during these 30 days to have the kids. I plan on taking my kids for an international vacation from July 3rd - 21st 2019, this would take up the first three weekends in July leaving only the last weekend in July (07/26) for her to have the kids. She doesn't want the kids to be away for more than 14 days for some reason and is telling me that she wants the July 19th weekend, forcing me to shorten my trip.
    My question is if I have already sent her my plans for the trip can she legally ask for this weekend?

    On another note, In my decree it does state that on the weekend the mom designates she has to pick up the kids from me and drop them back to me, but it doesn't state the location she has to pick up from, so if I'm out of the country would that mean she has to pick up from there?

    Thank You in advance for any help.

  2. #2
    Join Date
    Oct 2016
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    3,305

    Default Re: Dad's Extended Summer Possession

    You need a lawyer that can actually read the decree to advise you on this.

  3. #3
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    Nov 2013
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    6,474

    Default Re: Dad's Extended Summer Possession

    Quote Quoting revstriker
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    My decree states that I get my kids 30 days in the summer so I chose July 1st - 30th. Their mom gets to choose 1 weekend during these 30 days to have the kids. .
    That assumes that the kids are at your home. It also assumes that parents can work together to make the decree work. If mom wants to make an issue of it, let her. You reasonably informed her of your plans before she chose the weekend she wants the kids to thwart your plans. Take the kids on the vacation and let her tell a judge that you didn't follow the decree.

    Quote Quoting PayrolGuy
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    You need a lawyer that can actually read the decree to advise you on this.
    What part of the decree do you think is so complicated that OP needs a lawyer when he stated succinctly what it says?

  4. #4
    Join Date
    Dec 2007
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    253

    Default Re: Dad's Extended Summer Possession

    Would coming home on the 18th rather than 21st be that big of an inconvenience?

    Mom needs to remember that she should be subject to similar limitations which would keep her from denying you your likely EOW visitation for her extended vacation.

  5. #5
    Join Date
    Mar 2019
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    Default Re: Dad's Extended Summer Possession

    Quote Quoting OKisNotOK
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    Would coming home on the 18th rather than 21st be that big of an inconvenience?
    The thing is we are going on a tour of different places in Europe hence we have a set schedule.

  6. #6
    Join Date
    Jul 2018
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    1,756

    Default Re: Dad's Extended Summer Possession

    Quote Quoting revstriker
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    My question is if I have already sent her my plans for the trip can she legally ask for this weekend?
    Legally ask? There's no law that makes it illegal for anyone to ask for anything. If you're asking whether the terms of your divorce decree or custody order give her the legal ability to do what she wants, we obviously have no way of knowing because we haven't read your decree/order.

    By the way, does your decree/order say anything about either parent taking the kids out of the state or country? It's pretty standard for a decree/order to prohibit either parent from taking the child out of the state without either the other parent's written permission or a court order.

  7. #7
    Join Date
    Oct 2006
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    15,684

    Default Re: Dad's Extended Summer Possession

    Quote Quoting budwad
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    That assumes that the kids are at your home. It also assumes that parents can work together to make the decree work. If mom wants to make an issue of it, let her. You reasonably informed her of your plans before she chose the weekend she wants the kids to thwart your plans. Take the kids on the vacation and let her tell a judge that you didn't follow the decree.



    What part of the decree do you think is so complicated that OP needs a lawyer when he stated succinctly what it says?
    I dunno Bud, that is part of the standard TX guidelines and if I remember correctly its intended for the children and the other parent to get to spend some time together during that month. For dad to plan a trip that deliberately uses up the first three weekends, is problematic. Dad could be viewed as having done it deliberately to thwart mom taking a weekend. I think that mom was supposed to get to choose her weekend, BEFORE dad made any plans for a vacation.

    Dad no, if you take a trip to Europe mom is not required to pick up the child in Europe for her weekend.

  8. #8
    Join Date
    Dec 2007
    Posts
    253

    Default Re: Dad's Extended Summer Possession

    Why not offer her one of your June weekends (assuming you get them) so that mom could have a 3 week uninterrupted time period similar to the one you would like to have? Doing it before you leave shows you made a good faith effort to be fair.

    Are you going with an established tour company? If so, this mandates the travel dates. If so, provide mom with the published itinerary. Discuss with the child making an album for mom highlighting the child's experience. Make mom excited that the child has this opportunity.

  9. #9
    Join Date
    Oct 2006
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    15,684

    Default Re: Dad's Extended Summer Possession

    Quote Quoting OKisNotOK
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    Why not offer her one of your June weekends (assuming you get them) so that mom could have a 3 week uninterrupted time period similar to the one you would like to have? Doing it before you leave shows you made a good faith effort to be fair.

    Are you going with an established tour company? If so, this mandates the travel dates. If so, provide mom with the published itinerary. Discuss with the child making an album for mom highlighting the child's experience. Make mom excited that the child has this opportunity.
    Mom already gets to select one of dad's weekends under the standard TX guidelines in order to get 3 uninterrupted weeks. If he offers her another one, then she will get two uninterrupted three week periods.

  10. #10
    Join Date
    Dec 2007
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    253

    Default Re: Dad's Extended Summer Possession

    Quote Quoting llworking
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    Mom already gets to select one of dad's weekends under the standard TX guidelines in order to get 3 uninterrupted weeks. If he offers her another one, then she will get two uninterrupted three week periods.
    Why should mom get 3 uninterrupted weeks when dad does not?

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