Am I required to let her take him with out a long distance visitaiton plan

[LdiJ]

Our order states that I have until April 15th to give notice if I want to have him for a weekend during her visitation time but it also goes on state that if she has him more than 30 days that I get two non consecutive weekends during her time period and no it does not say that I need to give notice. I am not trying to be an ass. I would like to have our son as well during the summer. I am just following out order and by the way the choice to move was hers. I am not making her move. This is the reason that we have an order so that it can be followed. Apparently our new order states that we need to follow the new order and that anything that is not covered in our new order is to remain the same except that I am now the residential parent and she is not. I not trying to take her time away. I just want the time that I am legally entitled to. She is making the choice to move away, she is made the choice to marry someone in the service knowing full and well what our custody order states regarding visitation. She knew that hubby would be moved around and even then she chose to put that first before her sons. Yes I understand that she has a right to visitation with our son but because of problems in the past I now go by our custody agreement. If it were an emergency would I switch with her sure I would but this is not an emergency and she is getting her visitation. I am not with holding it.
Thanks

You are still being an ASS as far as I am concerned.

 

[Ronin]

Our order states that I have until April 15th to give notice if I want to have him for a weekend during her visitation time but it also goes on state that if she has him more than 30 days that I get two non consecutive weekends during her time period and no it does not say that I need to give notice.

TEXAS STANDARD POSSESSION ORDER
(B) PARENTS WHO RESIDE OVER 100 MILES APART

(e)(3)If PRIMARY CUSTODIAN gives POSSESSORY CUSTODIAN written notice by April 15 of each year, PRIMARY CUSTODIAN shall have possession of the child on any one weekend beginning Friday at 6:00 o’clock p.m. and ending at 6:00 o’clock p.m. on the following Sunday during any one period of possession by POSSESSORY CUSTODIAN under Subdivisions (e)(1) or (e)(2)

provided that if a period of possession by POSSESSORY CUSTODIAN exceeds thirty (30) days, PRIMARY CUSTODIAN may have possession of the child under the terms of this subdivision on any two (2) nonconsecutive weekends during that time period, and further provided that PRIMARY CUSTODIAN picks up the child from POSSESSORY CUSTODIAN and returns the child to that same place.

If these are the terms of the visitation orders, it does say you are required to give written notice by April 15 for the two periods of possession. You are also required to go to her to pick them up and drop off.

I just want the time that I am legally entitled to.

In this instance you would not be legally entitled to any time during her period of possession this summer.

 

[sytech]

I understand thats what the standard order says

but that is not what my order says I will get on here later tonight and I will post word for word. I get that the texas standard order says that but my order says something different. Every order is not the standard order. I am sorry you feel I am being an ass. But you have no idea what she has put our child through emotionally. I understand that our child should have time with his mother and he is having time with her. I am only asking for what OUR order states. You can feel how ever you want to feel you are entitled to that. I have gone above and beyond trying to work around her and her visits out of state to visit her boyfriend who is now her husband. Only to be called a terrible father and someone who was never there. When I did everything that I needed to do. I am not ever going to prevent her from seeing him I would never do that although sometime I really want to. I would never do it. I put up with her being the custodial parent for 6 years and I always followed the order as she should as well. That is all that I ask.

 

[stealth2]

Dude - you're required to give your w/e dates for the summer by April 15. If you didn't? You're SOL. Deal with it.

 

[mommyof4]

Our order states that I have until April 15th to give notice if I want to have him for a weekend during her visitation time but it also goes on state that if she has him more than 30 days that I get two non consecutive weekends during her time period and no it does not say that I need to give notice. I am not trying to be an ass. I would like to have our son as well during the summer.

TEXAS STANDARD POSSESSION ORDER
(B) PARENTS WHO RESIDE OVER 100 MILES APART

(e)(3)If PRIMARY CUSTODIAN gives POSSESSORY CUSTODIAN written notice by April 15 of each year, PRIMARY CUSTODIAN shall have possession of the child on any one weekend beginning Friday at 6:00 o’clock p.m. and ending at 6:00 o’clock p.m. on the following Sunday during any one period of possession by POSSESSORY CUSTODIAN under Subdivisions (e)(1) or (e)(2)

provided that if a period of possession by POSSESSORY CUSTODIAN exceeds thirty (30) days, PRIMARY CUSTODIAN may have possession of the child under the terms of this subdivision on any two (2) nonconsecutive weekends during that time period, and further provided that PRIMARY CUSTODIAN picks up the child from POSSESSORY CUSTODIAN and returns the child to that same place.

So your order states exactly what the standard order of possession states. What are you arguing about?

You're SOL.

 

[sytech]

update

Ok... So I let her have him for the month she called me the weekend of July 24th asking if I wanted to get him for the weekend. I picked him up for a weekend visit. Our son then said happend to mention that his mom may not be home on Sunday because she was moving to Michigan over the weekend. I messaged her on Sunday to see if I was to return him or what was going on because I was under the impression that she was going to be around. She said that she would let me know late afternoon of that day what was going to happen. She called and asked if I would drive our son out to say goodbye that she was leaving that night. I did do that. I find out later that she never left she could have spent another week with our son and chose not to. She left the following weekend. While I appreciate the additional time I have had the opportunity to have with him I really wish she had taken that week with him. I know I was arguing with you guys to get the weekends during her month of visitation but only because I want him to know that I still want him with us and that we do miss him I wanted that time during the summer with him. In the end she didn't want that time and that's fine but I saw what that did to our son how hurt and upset he was that she didn't have the additional time with him. I didn't bother her with asking for the time because I wanted to do what was best. I do thank all of you for your replies on that issue because it made me realize that it wasn't about what I wanted but was was in his best interest.

I am spending alot more time with him. He has also wanted to get involved with a sport and I put him in football and its our thing that we do together now.

I do have a question though our court order says that she is to provide me and the court with any address changes (I would have to provide her the same if I moved). She has not done this and I am in the process of filing child support. I filled out the online child support form in March. We have had three meetings...two to have the child support that I was paying prior to getting custody cancled and the last one was in June for me to establish child support payments. She has not shown up to any of these meetings with AG. She has now moved and all AG has to go by is her moms address here in texas. What happens now and what would AG do to get her current address so that we can get all of this taken care of. Also usually how long does it take to actually start receiving support? Also, she stopped working about a month prior to moving and she says she will not be working in Michigan because her new husband will support her what happens with support then? Well guys thanks in advance for any replies. As usual I do appreciate your help.