Legal Question in Family Law in Texas
I have a question for the month of August 2009 there is a total of 5 weekends in the month however, my ex is stating that because the 1st weekend did not actually start in August then this final weekend of August is not a 5th weekend of the month and I can't have them is that correct? What exactly constitutes the weekend?
1 Answer from Attorneys
My understanding is that weekends begin on Friday. August 2009 had 4 weekends beginning on the following Fridays the 7th,14th,21st and the 28th.
If your decree entitled you to possession on the first, third and fifth weekend, you would be entitled to possession on the weekends beginning on the Friday the 7th and Friday the 21st.
All divorce decrees are different.
Most decrees that I have seen allow the parents to modify possession by agreement. However if you can't agree, you must go by the possession order in the decree.
Suggest you review your decree and consult your attorney.
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