Legal Question in Family Law in Texas
If i do not give my notice by April 15 for my 1 weekend during the fathers extended summer time do i not get any time with my child during that 30 days? As long as i give 14days prior notice i get to have 1 of his weekends as long as not during his 30 day period during the summer? Also, her birthday is the 14th of June which falls during fathers day weekend. Do i still get rights to her from 6-8pm on the day? I have never needed to understand the summer visitation until now. Please advise i'm desperate
1 Answer from Attorneys
Assuming a standard possession order and that you live within 100 miles of each other:
1. Notice by April 15 for interruption of his 30 days: If you did not give notice, you don't get to interrupt his 30 days unless he agrees. TFC 153.312(b)(2)(3).
2. Taking one of his regular summer weekends: Yes, 14 day's notice is all that is required, as long as it does not interfere with Father's day or his 30 days. TFC 153.312(b)(2)(4).
3. Birthday: Yes, you can interrupt his Father's Day weekend from 6pm to 8pm for the child's birthday. TFC 153.314(4). Be extra certain that you would be doing that because it's in the child's best interest to have his/her weekend interrupted and not just because you want to see your child on his/her birthday. These kinds of interruptions are often the starting point of a motion to reduce child support or a motion to modify conservatorship. Even if he loses either of those...the lawyers still get paid. Interrupting this weekend may be the right thing for you to do...just think it through.
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