Legal Question in Family Law in Texas

I have been recently divorced for almost a year and I have 50/50 custody of my daughter. Now, since school is about to begin, my ex-wife, in my eyes and others, is misreading the divorce decree on when the week on and week off visitation rights shall begin. The papers state that I shall have possession of the child baginning at noon on Dec. 28th and ending at the time school is dismissed on the first Friday after school resumes at which time the week on/week off periods of possession resumes with the other parent. IT IS ORDERED that if the school resumes in the middle of the week after the period of possession that began on Dec. 28th, the child shall remail with the parent in possession until the following Friday, at which time the week on/ week off periods of possession shall resume with the other parent. Since school started on Thursday, the 5th, should I have possession of my daughter until the following Friday the 13th or does her possession begin tomorrow the 6th?


Asked on 1/05/12, 4:12 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

To me, the plain reading of that language is that her possession starts on the 6th. I can tell you that my wife and I have the debate about what day "Next Friday" is all the time. She thinks "next" means next week, and "Friday" means the day of the week, so my wife would tell you the answer is the 13th. I think "Next Friday" means the next Friday that appears on the calendar, which is the 6th.

I'd have to see the EXACT language of your decree though. "Following Friday" could mean "Friday following the Friday after school resumes" (e.g. the 13th) or "Friday following the resumption of school" (e.g. the 6th).

Either way, I would not think that either of you could be found in contempt of court and jailed for going one way or the other. According to the wording you've provided, it's an inartfully crafted bit of language.

Good luck!!

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Answered on 1/07/12, 8:37 pm


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