summer visitation question

[texgirl]

What is the name of your state? Texas
My ex gets 6 weeks of summer visitation. I am also supposed to be able to designate 21 days of uninterrupted posession after he designates his six weeks. The order states that "CP may designate 21 days beginning no earlier than the day after school is dismissed and ending no later than 7 days before school resumes during which NCP shall not have posession of the child, provided that the period so designated does not interfere with NCP's extended summer possession or with Father's day weekend." My problem is that ex always chooses dates that make it impossible for me to have 3 weeks of uninterrupted time. This year, for example, he has taken July 1 to August 12. School gets out on 6/8 and resumes 9/4. Father's day intervenes in the three weeks before his summer visitation begins and after there are not three weeks available after my daughter comes home. Can anyone suggest a better wording for the order that would give me at least 3 weeks, preferably 4 of uninterrupted time? Or is it possible to ask the court to simply fix dates in such a way that we would each have half the summer?

 

[ceara19]

What is the name of your state? Texas
My ex gets 6 weeks of summer visitation. I am also supposed to be able to designate 21 days of uninterrupted posession after he designates his six weeks. The order states that "CP may designate 21 days beginning no earlier than the day after school is dismissed and ending no later than 7 days before school resumes during which NCP shall not have posession of the child, provided that the period so designated does not interfere with NCP's extended summer possession or with Father's day weekend." My problem is that ex always chooses dates that make it impossible for me to have 3 weeks of uninterrupted time. This year, for example, he has taken July 1 to August 12. School gets out on 6/8 and resumes 9/4. Father's day intervenes in the three weeks before his summer visitation begins and after there are not three weeks available after my daughter comes home. Can anyone suggest a better wording for the order that would give me at least 3 weeks, preferably 4 of uninterrupted time? Or is it possible to ask the court to simply fix dates in such a way that we would each have half the summer?

August 13th - September 3rd equals 20 days of uninterrupted time. I understand that it's not the full 21 days, but it's only 1 day short.

 

[texgirl]

Again, the language of the order states: "CP may designate 21 days beginning no earlier than the day after school is dismissed and ending no later than 7 days before school resumes during which NCP shall not have posession of the child." Because of that "7 days before school resumes" the period that I can designate as "my time" ends on the 28th and by the order my ex gets labor day. SO that means I can't take 21 days--or 20 even.

 

[ceara19]

Again, the language of the order states: "CP may designate 21 days beginning no earlier than the day after school is dismissed and ending no later than 7 days before school resumes during which NCP shall not have posession of the child." Because of that "7 days before school resumes" the period that I can designate as "my time" ends on the 28th and by the order my ex gets labor day. SO that means I can't take 21 days--or 20 even.

The only way that you would be able to get 3-4 weeks of uninterrupted time during the summer would be if the court took away part of dad's summer visitation and that is simply not going to happen unless dad AGREES to it. Your order states that you may only have 21 days of uninterrupted time IF you are able to schedule it according to the stipulation lined out in the decree AND it does not interfere with DAD's time. The order does not state that you are unequivocally ENTITLED to 21 uninterrupted days.

 

[texgirl]

The only way that you would be able to get 3-4 weeks of uninterrupted time during the summer would be if the court took away part of dad's summer visitation and that is simply not going to happen unless dad AGREES to it. Your order states that you may only have 21 days of uninterrupted time IF you are able to schedule it according to the stipulation lined out in the decree AND it does not interfere with DAD's time. The order does not state that you are unequivocally ENTITLED to 21 uninterrupted days.

Yes, I understand that!! So, what I am asking (from my original post): Can anyone suggest a better wording for the order that would give me at least 3 weeks, preferably 4 of uninterrupted time? Or is it possible to ask the court to simply fix dates in such a way that we would each have half the summer?

My point--I want at least 3 weeks of time in the summer to spend with my daughter and elderly parents at my family's summer home. Ex gets 6 weeks. I only want an order that accomodates a summer holiday with me.

 

[ceara19]

Yes, I understand that!! So, what I am asking (from my original post): Can anyone suggest a better wording for the order that would give me at least 3 weeks, preferably 4 of uninterrupted time? Or is it possible to ask the court to simply fix dates in such a way that we would each have half the summer?

My point--I want at least 3 weeks of time in the summer to spend with my daughter and elderly parents at my family's summer home. Ex gets 6 weeks. I only want an order that accomodates a summer holiday with me.

You have a STANDARD order. The wording isn't going to be changed unless dad AGREES to the change. The court is not going to just give you half of the summer unless you are willing to give dad half of the school year. The reason he gets more time then you in the summer is because you have more time the rest of the year.

 

[LdiJ]

What is the name of your state? Texas
My ex gets 6 weeks of summer visitation. I am also supposed to be able to designate 21 days of uninterrupted posession after he designates his six weeks. The order states that "CP may designate 21 days beginning no earlier than the day after school is dismissed and ending no later than 7 days before school resumes during which NCP shall not have posession of the child, provided that the period so designated does not interfere with NCP's extended summer possession or with Father's day weekend." My problem is that ex always chooses dates that make it impossible for me to have 3 weeks of uninterrupted time. This year, for example, he has taken July 1 to August 12. School gets out on 6/8 and resumes 9/4. Father's day intervenes in the three weeks before his summer visitation begins and after there are not three weeks available after my daughter comes home. Can anyone suggest a better wording for the order that would give me at least 3 weeks, preferably 4 of uninterrupted time? Or is it possible to ask the court to simply fix dates in such a way that we would each have half the summer?

You can certainly ask for a modification, but are your three uninterrupted weeks required to be consecutive? You could also split them up.

 

[texgirl]

You have a STANDARD order. The wording isn't going to be changed unless dad AGREES to the change. The court is not going to just give you half of the summer unless you are willing to give dad half of the school year. The reason he gets more time then you in the summer is because you have more time the rest of the year.

I don't see you logic at all. I am not denying dad his six week--only asking for an order that allows me to have 3 weeks unimpeded. By starting only a few days earlier he still gets father's day, July 4th, and labor day weekend. And I get 3 weeks.

And the point about half the school year is just a false analogy. Go pick a fight somewhere else, please.

 

[CJane]

I don't see you logic at all. I am not denying dad his six week--only asking for an order that allows me to have 3 weeks unimpeded. By starting only a few days earlier he still gets father's day, July 4th, and labor day weekend. And I get 3 weeks.

And the point about half the school year is just a false analogy. Go pick a fight somewhere else, please.

Question:
What is your current custody arrangement... as in when does dad NORMALLY have the child during weeks that school is in session?

This isn't about starting fights. Ceara is (as usual) absolutely correct that changes to the STANDARD ORDER OF POSSESSION aren't going to happen without one of two things happening.

1) A motion for modification is filed and it is determined by the court that the change is in the best interests of the child.

2) The other parent agrees to the change and a new order is entered.

 

[LdiJ]

Question:
What is your current custody arrangement... as in when does dad NORMALLY have the child during weeks that school is in session?

This isn't about starting fights. Ceara is (as usual) absolutely correct that changes to the STANDARD ORDER OF POSSESSION aren't going to happen without one of two things happening.

1) A motion for modification is filed and it is determined by the court that the change is in the best interests of the child.

2) The other parent agrees to the change and a new order is entered.

I agree, however it certainly may be possible to convince a judge to fix the dates so that dad gets the last two weeks in June, plus all of July, leaving all of August available for mom.

 

[ceara19]

I agree, however it certainly may be possible to convince a judge to fix the dates so that dad gets the last two weeks in June, plus all of July, leaving all of August available for mom.

In TEXAS, the court is not going to deviate from the STANDARD order in that manner without dad's agreement. The reason the NCP is given first choice of summer visitation dates is because the CP has much more time throughout the year. The OP is either going to have to live with the current schedule or find a way to get dad to choose different dates.

 

[ceara19]

I don't see you logic at all. I am not denying dad his six week--only asking for an order that allows me to have 3 weeks unimpeded. By starting only a few days earlier he still gets father's day, July 4th, and labor day weekend. And I get 3 weeks.

And the point about half the school year is just a false analogy. Go pick a fight somewhere else, please.

Trust me, if I wanted to pick a fight with someone, I would NOT do it with an anonymous stranger on an Internet forum. I have an overly dramatic, hormonal, adolescent daughter for that.

You asked a question and I simply gave you the LEGALLY correct answer. I'm sorry if you don't LIKE that answer, however, I am not the one that created the applicable laws.

You are free to go out and spend thousands in an attempt to modify your order to your liking if you wish. However, it would be very irresponsible of me to advise you that you have a realistic or even a REMOTE chance of winning in court if dad contests, because you DON'T. It is that simple.

You have 4 options.
1. Abide by the current order.
2. Hire an attorney, who will tell you the same thing I have. (The only difference being, the lawyer will CHARGE you for the information.)
3. Try to file a motion to modify the order on your own. (Which would result in an even SMALLER chance of winning in court then you would have with an attorney.)
4. If you want uninterrupted time during the summer, give DAD primary custody and YOU can have 6 weeks of unimpeded time with your child to do as you please.