Legal Question in Family Law in Texas
Would like to know what these paragraphs mean?
(2) Summer.
(A) If POSSESSORY CUSTODIAN gives PRIMARY CUSTODIAN written
notice by April 1 of each year specifying an extended period or periods of
summer possession, POSSESSORY CUSTODIAN shall have possession of the
child for thirty (30) days beginning not earlier than the day after the child�s school
is dismissed for the summer vacation and ending not later than seven (7) days
before school resumes at the end of the summer vacation, to be exercised in not
more than two (2) separate periods of at least seven (7) consecutive days each.
(B) If POSSESSORY CUSTODIAN does not give PRIMARY CUSTODIAN
written notice by April 1 of each year specifying an extended period or periods of
summer possession, POSSESSORY CUSTODIAN shall have possession of the
child for thirty (30) consecutive days beginning at 6:00 o�clock p.m. on July 1 and
ending at 6:00 o�clock p.m. on July 31.
(C) If PRIMARY CUSTODIAN gives POSSESSORY CUSTODIAN written
notice by April 15 of each year, PRIMARY CUSTODIAN shall have possession
of the child on any one weekend beginning Friday at 6:00 o�clock p.m. and
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ending at 6:00 o�clock p.m. on the following Sunday during any one period of
possession by POSSESSORY CUSTODIAN under Subdivisions (2)(A) or (2)(B),
provided that PRIMARY CUSTODIAN picks up the child from POSSESSORY
CUSTODIAN and returns the child to that same place.
(D) If PRIMARY CUSTODIAN gives POSSESSORY CUSTODIAN written
notice by April 15 of each year or gives POSSESSORY CUSTODIAN 14 days�
written notice on or after April 16 of each year, PRIMARY CUSTODIAN may
designate one weekend beginning not earlier than the day after the child�s school
is dismissed for the summer vacation and ending not later than seven (7) days
before school resumes at the end of the summer vacation, during which an
otherwise scheduled weekend period of possession by POSSESSORY
CUSTODIAN will not take place, provided that the weekend so designated does
not interfere with POSSESSORY CUSTODIAN�s period or periods of extended
summer possession [if POSSESSORY CUSTODIAN is the father of the child
add] or with Father�s Day weekend.
2 Answers from Attorneys
It means that Dad gets the kids for 30 days in the summer. He can DESIGNATE his 30 days or, if he doesn't designate before the time deadline (April 1), he gets the month of July.
Mom can designate a WEEKEND during Dad's 30 days; she has to do all the driving for the pickup and delivery of the child. If she doesn't designate (before her time deadline), she gets nothing.
Of course, Mr. Dunn's answer assumes that Mom is the "primary custodian." If Dad is the Primary Custodian, the just reverse the terms in his answer.
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