Legal Question in Family Law in Texas
Not sure if you can help me or not but we have run into a sticky situation concerning summer. The decree states:
"2. Extended Summer Possession by FATHER, FATHER shall have summer possession of the child for fourteen (14) days beginning
no earlier than the day after the child�s school is dismissed for the summer vacation and ending
no later than seven (7) days before school resumes at the end of the summer vacation in that
year. In even-numbered years, FATHERshall designate his fourteen (14)
days after EX designates her visitation or April 15. In odd- numbered years, FATHER shall designate his fourteen (14) days on or before April 1. These periods of possession shall begin and end at 6:00 p.m."
Both EX and I did not give each other prior notice by the above deadlines. We just agreed as we decided over the summer. Worked well. I have had one week and EX has had her two.
I am wanting to see her during the summer for another week in August to complete my two weeks and EX is not agreeing to let me have her for my week. Saying that I did not tell her by the above date. Despite use both not sending out weeks in advance.
How can I see my daughter for my week now if Ex is pulling the legal card and has already seen her for her two weeks?
If you cannot answer I understand and will seek advice elsewhere :-)
1 Answer from Attorneys
That is strange language for extended summer possession. You two should consider having a lawyer redraft that language and submit it for an agreed modification.
The problem here is that yes, you did not designate your days, but the language also says, "FATHER shall have summer possession of the child for fourteen (14) days..." which reads as, "FATHER must have summer possession..." which means if your ex-spouse is deliberately interfering with your fourteen days she may be treated more harshly by a judge for interfering with your rights, especially if you can prove that you two agreed to work things out as the summer progressed or show that this is how you two have handled summer possession in prior years.
Normally the summer possession language states the father (in this case) has the right to extended summer possession and must make the election by a particular date but if he fails to make the election then waives the right to summer possession. Here, you have lots of "shall" commands in the order but the language fails to address what happens to summer possession when the father fails to make a timely election. I also do not understand what election the mother makes in even years or why she does not have to make that election in odd years.
As a practical matter, it would be wasteful for you two to spend time and money on filing fees (and attorneys) to shove this issue in front of a judge over a week's worth of time. She should give you your time unless there is issue involving the children and your possession for another week. It is extremely likely, beyond a very good reason why it is bad for the children, that a family court judge would order you receive the additional seven days and give you both dirty looks for wasting the court's time.