Does this mean what I think it means

[maeprezas]

Texas

I am currently in the process of filing a grievence against the lawyer that handled my divorce, due to the fact that I feel I've really been duped. My attorney convinced me to agree to joint custody even though my gut told me otherwise. This is because my ex's erratic behavior and temperment. Anyway here's my issue, our divorce decree states that my ex is to have our son beginning on the day our school district is let out for the Christmas holidays, until Dec. 26th when my visitation begins. Christmas Day is specifically designated so that's not the problem the problem lies in that when my visitation begins the decree states I shall have my son beginning at noon Dec 26th and ending at 6pm the day before school is to resume. Ok so before it states all this it says and I quote Notwithstanding weekends and Thursday posessions by "my ex" Christmas visitation shall proceed as follows. So does this mean that even though I can't see my son for 2 weeks during his visitation he gets to come pick up our son during my visitation if it falls on a Thursday or a weekend that should've been his?

 

[shawna maples]

It means that the holiday schedule supercedes the weekend and Thursday possession periods. The schedule reverts back to the regular weekend and Thursday visits at 6pm the day before school resumes from the break.

Joint Managing Conservatorship is the standard in Tx and considered in the best interest of the children unless proven otherwise. One can have joint and still have all of the exlusive rights and duties concerning decision making for the child whereas the other parent would have possessory rights.

 

[Inquiry123]

It's OK

FYI: Standard Visitation in TX is not any different for the non-residential parent regardless of sole/joint custody designation. Regarding visitation, there is probably very little your atty could have 'screwed-up'.

The language of the visitation order is standard. It means that during YOUR periods of extended EXCLUSIVE visitation, all normal weekend/weekday visitation days for the other parent are suspended. This would apply to Winter Break.

However, you should note that your order has provisions for a different visitation schedule if parents live more than 100 miles apart. And during an extended SUMMER visitation period, the parent not having the children at the time may be able to exercise a weekend visitation if requested far enough in advance. Good luck.

 

[stealth2]

You should likely be thanking your attorney for saving you the money that a custody trial would have cost, actually.

 

[stealth2]

I wouldn't thank my attorny for charging me over $4,000 for basically nothing
other than giving my ex way more than he should've ever been entitled to given
his situation. Thank you very much for your opinion Stealth but you really
aren't aware of the situation.

Well, (even though you deleted your response), since this is the visitation schedule you would have had regardless of the custody status, unless you would be willing to pay in excess of $20k (a wee bit more than $4k) - I'd still be thanking my attorney. Who apparently was aware of whatever "the situation" is and didn't feel you had a sufficient case to get more.

In any event, it doesn't mean your lawyer was negligent or guilty of malpractice. YOU had the final choice of signing or not.

 

[jslopez711]

Texas

I am currently in the process of filing a grievence against the lawyer that handled my divorce, due to the fact that I feel I've really been duped. My attorney convinced me to agree to joint custody even though my gut told me otherwise. This is because my ex's erratic behavior and temperment. Anyway here's my issue, our divorce decree states that my ex is to have our son beginning on the day our school district is let out for the Christmas holidays, until Dec. 26th when my visitation begins. Christmas Day is specifically designated so that's not the problem the problem lies in that when my visitation begins the decree states I shall have my son beginning at noon Dec 26th and ending at 6pm the day before school is to resume. Ok so before it states all this it says and I quote Notwithstanding weekends and Thursday posessions by "my ex" Christmas visitation shall proceed as follows. So does this mean that even though I can't see my son for 2 weeks during his visitation he gets to come pick up our son during my visitation if it falls on a Thursday or a weekend that should've been his?

\

This is the SOP lady, get with the program!!!!!!!!!! I have one and it reads just like yours. And no, he does not get the child on Thursday, he can however, come back at 6 pm on Sunday and take the child then take him to school since on that day, it will be on the 2nd of January, which technically is the 5th weekend of December (but I doubt if he knows this). And less you forget that the first weekend in January is............ you guessed it, the 7th of January.

 

[shawna maples]

jslopez711

this may only occur if the Order reads that the other parent's periods of possession end at the time the child's school regularly resumes and not at 6pm the day before (whichever opted for at the rendition of the Order).

 

[newmommy]

wth???

omg! i am about to embark in a custody battle, and i didnt understand a word of all that legalese! i hope the origianal issue becomes resolved in english.

 

[jslopez711]

omg! i am about to embark in a custody battle, and i didnt understand a word of all that legalese! i hope the origianal issue becomes resolved in english.

It's better if you can settle things with your ex and draw an order so that the judge may sign it, AGREE ON SOMETHING!!!!!!!!!!. It is a lot easier if you know exactly what you are getting into and what is going to happen. If the TWO of will not act like adults, then it is going to cost you BIG TIME DINERO ($$$$$$$). Figure out what is standard, then just play ball. Your child NEEDS the BOTH of you weather yo like it or not.

 

[jslopez711]

jslopez711

this may only occur if the Order reads that the other parent's periods of possession end at the time the child's school regularly resumes and not at 6pm the day before (whichever opted for at the rendition of the Order).

OP stated it was 6:00 PM in her second or third posting. That is what I was going by, it's exactly what I have in mine. I don't use that, I just leave my child with the ex, too much moving around for him. I get him Thurs and the weekend anyway.