Ambiguous Custody Orders -

[The Dali Lama]

What is the name of your state (only U.S. law)? Texas


Divorce was final in May 2014 - Texas

She just gave me notice yesterday via email and text that she wants possession June 21st - July 5th. Her notice was given well in advance of the deadline... She had possession last 4th of July.... I had it before... etc.


From the decree:

Extended Summer Possession by FATHER -
With Written Notice by April 1 - If FATHER gives
MOTHER written notice by April 1 of a year specifying a two
week uninterrupted period of summer possession for that year, FATHER shall have possession of the children for fourteen days
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 in that year, with each period of possession
beginning and ending at 6:00 p.m on each applicable day, as specified in the
written notice. These periods of possession shall begin and end at 6:00 p.m. on
each applicable day.

And:


Extended Summer Possession by MOTHER- If
MOTHER gives FATHER written
notice by May 1 of a year, FATHER may designate a two
week uninterrupted period of surnmer possession for that year, provided that the
weekend so designated does not interfere with FATHER'S father's day possession.

Also:

4th of July in Odd numbered years - In odd-numbered years,
FATHER shall have the right to possession of the child
beginning at the time the child's school is dismissed for the 4thof July holiday
and ending at 6:00 p.m. on the Sunday following the holiday.
-----

She just gave me notice yesterday via email and text that she wants possession June 21st - July 5th. Her notice was given well in advance of the deadline... She had possession last 4th of July....


She is angry because she is a "control aficionado" and I called her out for intentionally doing other things to make it difficult to maintain a father-child relationship with my 2 children. I'm not out for her blood... I just don't want mine spurting all over the place either...

Questions

Do I have to yield my 4th of July possession to her "2 week uninterrupted period?"

I am beginning a new job and will be away a lot (out of the country) starting in mid-July. I expected to have until April 1st to request the two weeks prior to 4th of July to have as much time with the kids (6 and 7), as I can. Will my notice "trump" hers?

If I give her notice of possession that begins before June 21 and goes into/adjacent to my holiday possession, and I use the ambiguity to defend the possession/refuse to yield possession based on her "2 week uninterrupted possession" will I be violating the orders?

If there is an issue concerning possession (for example, I attempt to exercise the 2017 4th of July possession, she refuses) how do the police handle it? Do they interpret the orders? Is possession at the time of police contact 9/10ths of the law?

Can I claim possession from the time school dismisses for the 4th of July (the summer break) until the end of my 4th of July possession based on what is indicated above?

Other thoughts?

If you need more info I can provide, but this is about as brief as I could make it while providing context (below).


Context... If you're interested:

Long story short... She hired the attorney in town one hires when you want to let the other party know how much you hate them. Her attorney prepared the document, which I rejected several times because of ridiculous restrictions on possession. My attorney, while we'll intentioned, did not defend me as aggressively as I would have liked. I was distraught at the time, and she used my desire to reconcile to keep me out of "fight" mode. I know that has no legal bearing, but the smokescreen (ridiculous restrictions on posession) should have been caught by my attorney.


I'm not a bad guy... I'm a good person and a good father emerging from a toxic relationship where I had to walk on eggshells in order to feel valued. My kids love and need me. I don't have much disposable income to hire an attorney to fight for the things I already paid one 5k to do.

Thank you for your help. TDL

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas


Divorce was final in May 2014 - Texas

She just gave me notice yesterday via email and text that she wants possession June 21st - July 5th. Her notice was given well in advance of the deadline... She had possession last 4th of July.... I had it before... etc.


From the decree:

Extended Summer Possession by FATHER -
With Written Notice by April 1 - If FATHER gives
MOTHER written notice by April 1 of a year specifying a two
week uninterrupted period of summer possession for that year, FATHER shall have possession of the children for fourteen days
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 in that year, with each period of possession
beginning and ending at 6:00 p.m on each applicable day, as specified in the
written notice. These periods of possession shall begin and end at 6:00 p.m. on
each applicable day.

And:


Extended Summer Possession by MOTHER- If
MOTHER gives FATHER written
notice by May 1 of a year, FATHER may designate a two
week uninterrupted period of surnmer possession for that year, provided that the
weekend so designated does not interfere with FATHER'S father's day possession.

Also:

4th of July in Odd numbered years - In odd-numbered years,
FATHER shall have the right to possession of the child
beginning at the time the child's school is dismissed for the 4thof July holiday
and ending at 6:00 p.m. on the Sunday following the holiday.
-----

She just gave me notice yesterday via email and text that she wants possession June 21st - July 5th. Her notice was given well in advance of the deadline... She had possession last 4th of July....


She is angry because she is a "control aficionado" and I called her out for intentionally doing other things to make it difficult to maintain a father-child relationship with my 2 children. I'm not out for her blood... I just don't want mine spurting all over the place either...

Questions

Do I have to yield my 4th of July possession to her "2 week uninterrupted period?"

I am beginning a new job and will be away a lot (out of the country) starting in mid-July. I expected to have until April 1st to request the two weeks prior to 4th of July to have as much time with the kids (6 and 7), as I can. Will my notice "trump" hers?

If I give her notice of possession that begins before June 21 and goes into/adjacent to my holiday possession, and I use the ambiguity to defend the possession/refuse to yield possession based on her "2 week uninterrupted possession" will I be violating the orders?

If there is an issue concerning possession (for example, I attempt to exercise the 2017 4th of July possession, she refuses) how do the police handle it? Do they interpret the orders? Is possession at the time of police contact 9/10ths of the law?

Can I claim possession from the time school dismisses for the 4th of July (the summer break) until the end of my 4th of July possession based on what is indicated above?

Other thoughts?

If you need more info I can provide, but this is about as brief as I could make it while providing context (below).


Context... If you're interested:

Long story short... She hired the attorney in town one hires when you want to let the other party know how much you hate them. Her attorney prepared the document, which I rejected several times because of ridiculous restrictions on possession. My attorney, while we'll intentioned, did not defend me as aggressively as I would have liked. I was distraught at the time, and she used my desire to reconcile to keep me out of "fight" mode. I know that has no legal bearing, but the smokescreen (ridiculous restrictions on posession) should have been caught by my attorney.


I'm not a bad guy... I'm a good person and a good father emerging from a toxic relationship where I had to walk on eggshells in order to feel valued. My kids love and need me. I don't have much disposable income to hire an attorney to fight for the things I already paid one 5k to do.

Thank you for your help. TDL

Dad, I do not know how you can deal with this without getting the court involved. If you attempt to give mom notice that conflicts with her notice to you she is likely to refuse to give you the children. She is clearly in violation of the orders as far as the July 4th holiday is concerned, and in violation of at least the spirit of the orders as far as the April 1st and May first deadlines are concerned. It sounds to me like you are supposed to get to pick your two weeks first, and then mom gets to pick her two weeks. However, that is not totally clear from the wording you gave us, its just my impression.

Again, I do not see how you can resolve this without going back to court or simply selecting a different two week period and then taking her to court for contempt and for clarification of the orders.