Legal Question in Family Law in Texas

While you could technically seek to hold your wife to strict deadlines regarding such, the reality is that you will only harm your relationship with her and I don't suspect any judge would support your position. Family law is unlike most other areas of law and is heavily influenced by the "do right rule." You know when she wants to exercise her summer possession several months in advance. Her being a day late (I'm assuming you have just a standard possession order from your post) doesn't harm you in any way.

Per an SPO, she has the right to 21 days in the summer just as you have the right to 30 regardless of how far apart you each live. Overall, I would suggest you be careful about taking such a strict reading of your order as such will likely negatively impact flexibility in the future that you will both need.

On another note and I'm just guessing, but I suspect you are within the first year or close to it since the order was entered as that's when these issues usually arise. I can tell you from experience that if you can show some flexibility now, your future will be much easier.

But based on the facts that you have laid out, I would advise you to run with the designations you have each made.

David

David Eaker

www.EakerLawFirm.com

I agree with Attorney Eaker. Put your kids ahead of everything else. They will bless you for it when they grow up. Texas courts expect you to co-parent. Hopefully, if the shoe was on the other foot she would work with you.

www.familylaw4u.com

713-847-6000