Legal Question in Family Law in Texas
I have a SPO with the father of my child and I am primary. We live 101 miles apart. I need to know in detail about the 42 consecutive days that the father is supposed to have our son and what that entails? I am allowed to have my son for 2 non-consecutive weekends plus 21 days. How does that work? Does the father have priority weekends on the 1, 3, and 5th weekends? Am I not allowed to choose those weekends? It doesn't state anything about that anywhere in our orders other than the standard weekend possession. I am trying to make heads or tales of this and also trying to do what is best for my 22 month old son. The father is being a total stickler about going by the orders and has asked the county clerk about how this works which I am not listening to because they are not trained in family law.
1 Answer from Attorneys
What controls is the specific language of YOUR decree. Read it very carefully.
Generally - if the language in your decree is the "standard" language - here's how it works:
1. Dad has until April 1 to designate his 42 days. He can split it into two periods if he wants (but not three or four). Each "period" has to be at least 7 days - he can't split it 39/3.
2. If he doesn't designate, his default period is June 15 to July 27. That's when he gets the child.
3. YOU have until April 15 to designate two non-consecutive weekends during Dad's 42 days that YOU get the child. YOU have to provide the transportation - YOU do the pickup and return - even if Dad takes the child to Ohio or Yellowstone National Park.
4. You also get to designate 21 days in the summer during which Dad doesn't get his usual weekend visitation. You can split this into two separate periods (not three or four), each period to be at least seven days in length (you can't split it 17/4). Your designated non-visitation period(s) can't interfere with Father's Day weekend.
"Designate" means that you write a letter to Dad.
Remember to WRITE PAPER LETTERS to Dad, and keep a copy. It's best to send the letter to Dad by certified mail AND regular mail; some people refuse to sign for certified letters (or are never home), and will say "I never got the letter." There's a heavy presumption in the law that if you mail a letter to someone (with proper postage) and the letter doesn't come back, it WAS received by the addressee - that's your non-certified letter that you send. Forget about telephones and emails.