Legal Question in Family Law in Texas

When do I need to return my child to the custodial parent after New Years visitation?My divorce papers state that my possession ends at 6:00 pm on the day before school resumes after Christmas vacation. My daughter is 2 and is enrolled in a child development center. Do I return her at the start of her "school" or do I wait until public school is back in session, considering the center is more of a daycare than an actual school? I want as much time with my kid as I can possibly have...


Asked on 12/30/13, 5:02 pm

1 Answer from Attorneys

This is one of the problems you get when standard possession orders and other form language is used. There isn't a perfect answer because the possession order is supposed to provide strict deadlines and it isn't. So the best thing you can do is work out an agreement with the other parent on when you need to return your daughter.

If you can't work out an arrangement then it becomes a question of whether it is worth it to have the other parent bring an enforcement motion (if the other parent would do that) and leave it up to the judge to interpret the possession order however he or she prefers. Often for young kids the way it will be handled is that the court will just determine the dates of Christmas visitation based on the public school calendar but in this case there is an argument to be made by a good attorney that since your daughter is in an educational program that the center's schedule should govern.

What you want to do at very least is try to work out an arrangement with the other parent even if you know it will fail. If you decide you want to fight over the when visitation ends you at least want to show that you kept your daughter due to an ambiguity in the order, rather than ignoring the order, and you tried to reach a resolution between the two of you. It's hard to prevail on an enforcement action under those facts (but not impossible).

If you are unable to reach an agreement with the other parent it may be worthwhile to turn over your daughter on whichever date is earliest and avoid a fight. I would also suggest if you cannot reach an agreement that you consult a lawyer about your options and what makes sense in your situation. There may be some other options on the table if you are interested in spending the money and/or incur the risks involved in the other options.

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Answered on 12/30/13, 8:23 pm


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