Legal Question in Family Law in Texas
Divorce decree says, "In even numbered years, [custodial parent] shall give [non-custodial parent] written notice by March 1st specifying an extended period or periods of summer possession for that year, provided that a designated period does not interfere with Father�s Day possession, and [non-custodial parent] shall give[custodial parent] written notice by March 15th specifying an extended period or periods of summer possession for that year." Further, "In even-numbered years, if [custodial parent] fails to give [non-custodial parent] written notice by March 1st specifying an extended period or periods of summer possession for that year, her extended period of summer possession shall begin on the first Monday of July in that year and continue for 21 consecutive days." Below that, the references to the possession time say "21 consecutive days" in each reference for each parent. It says nothing about adding on the normally scheduled weekend days or excluding or including them. Dad's regular visit time starts every 1st, 3rd & 5th Fri. of month, beginning 4 pm Fri. and ending 7 pm Mon. He did give notice on March 15, 2014 that he wanted possession July 29 - Aug 22 and counted that as 21 days when, in fact, that is 25 days, including his regular weekend times. Since Mom [custodial parent] failed to request extended summer possession time by March 1, Dad then emailed her that her time would begin the 1st Mon. in July and continue for 21 consecutive days. Can Dad include his weekend time and keep the child the full 25 days that he is demanding? Mom is asking him to give up his July 4 weekend so that she will have child from July 4 -July 28, consecutively, and made that request to Dad on June 20.
1 Answer from Attorneys
I think you are asking two questions.
1. Who gets the child over the July 4th Holiday?
The first Monday in July, 2015, is July 6. The first weekend in July begins July 3, 2015. Therefore, according to what you've written, dad gets the child over the July 4 holiday and mom's visitation begins on July 6 and runs through July 27.
2. Is dad entitled to possession from July 29 through Aug 22?
Mom's 21 days expires July 27. The fifth weekend of July begins July 31. Dad is entitle to possession from July 31 to Aug 2, just as his fifth weekend. Then dad could have the child from Aug 2 to Aug 23 for his 21 consecutive days. Yes that would give him more than 21 days, but that's how these orders work.
HOWEVER, if dad wants his possession time to start July 29, then that's when his 21 days start and he would have to return the children 21 days later, on August 18, 2015. Regular weekend time is superseded by extended summer possession, so he does not get to subtract his normal weekend possession from the period of extended possession when those weekends occur during his extended possession.
I hope this answers your questions. If not, I'd suggest you take your divorce decree to your attorney and explain the situation to him or her.
Good luck!!
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