Legal Question in Family Law in Texas

Tarrant County Texas

My husband gave his ex notice that he was unable to exercise his extended holiday visitation(Dec. 16-28) for Christmas, but wanted to get the kids during his normal 4th weekend (Dec. 23-25). This would not interfere with her extended holiday visitation. She responded that because it is not agreed upon with her, that he would need to follow the decree and get them for the extended holiday break.

What rights does he have? Can he only get them the 4th weekend? If not, he will probably have to cancel his entire Christmas visitation which would devestate them and him.

Please advise?


Asked on 11/29/11, 2:55 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

She's right, and he is wrong. Holiday provisions always trump the weekend provisions (check your order to make sure, but that's what it will say ... it may use the word "notwithstanding"). He is not entitled to the weekend of December 23-25; he is entitled to the full "first half" of the Christmas holidays, or whatever is specifically spelled out in the order. He can't change it without Mom agreeing to it.

Read more
Answered on 12/02/11, 11:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas