Legal Question in Family Law in Texas
Hello, I have a question about custody that pertains to the week prior to school starting. My decree states in the my portion, that I can designate my extended summer visitation (30 days) anywhere from the last day of school to 7 days prior to school starting.
In my ex-wife's section, it states the following. "3. Extended Summer Possession by Mother - If Mother gives Father written notice by April 15 of a year or gives Father fourteen days' written notice on or after April 16 of a year, Mother may designate one weekend beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Father shall not take place in that year, provided that the weekend so designated does not interfere with Father's period or periods of extended summer possession or with Father's Day Weekend.
my biggest issue is this part. ", during which an otherwise scheduled weekend period of possession by Father shall not take place in that year,". Does this mean that even if that weekend prior to school starting falls on my (1st, 3rd or 5th) weekend, I will lose it because they are to be with their mom for the week prior to school starting?
Please help me understand,
Thank you
1 Answer from Attorneys
Yes, it means that she gets to take any one of your first, third, or fifth weekends during the summer.
She gets to disturb your summer visits at two times. She gets to take a weekend out of your 30 days in July and she gets to take another weekend during the summer. Once school starts, there are no more interruptions, assuming you have a standard possession order in place.
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