Comments on: April and the standard possession order

By: Larissa

Larissa — Thu, 18 Apr 2013 02:08:36 +0000

I will be 16 in two weeks. I just had my baby and the father and I want to be together to raise the baby. I live with my grandma and my mom. My mom has not been around much and my grandma pretty much raised me. I want to move in with my boyfriend and his parents. Can I legally do this? What can I do to fix my situation. I know that I am young but I am wanting to attend the Academy to finish my education and be able to be with my baby too and my mom will not allow that. She said I have to go full time to school / which at the Academy my time is cut into half for more time to be a mom and still get my diploma.

quick payday loans with small commissions

By: Chris Schmiedeke

Chris Schmiedeke — Fri, 01 Jun 2012 18:45:35 +0000

Depends on when summer starts. If school lets out at 3:00 p.m. on Thursday, then I guess technically a 6:00 p.m. visit that night would be in the “summer”. I suggest that people not argue over trivial things that occur rarely, and that you err on the side of allowing as many visits as possible. Not saying you are, just a nice general guideline for people to follow.

By: vickie fields

vickie fields — Thu, 31 May 2012 01:23:19 +0000

If the last day of school is on a Thursday, would you still get your thursday night visitation that last night

By: Chris Schmiedeke

Chris Schmiedeke — Thu, 17 May 2012 20:08:05 +0000

You have to follow the court order. If you cannot, you need to modify it.

By: Chris Schmiedeke

Chris Schmiedeke — Thu, 17 May 2012 19:58:06 +0000

The notice that is required is that it is mailed to the correct address by the deadline. Whether they pick it up or not is irrelevant as long as you have the right address. It sounds as if you have met your notice requirements. To assure that they are aware of it, go ahead and send by first class mail right now, and via email if each of you has it and you can even stick it on the door.

If the visitation is denied, you will show the court where you sent it properly (which is enough to get them in trouble), but you can also show court all the other ways you notified them. Most certainly a judge would find them in contempt. Talk to a local attorney and get their opinion on how the judge would react. Good luck.

By: Chris Schmiedeke

Chris Schmiedeke — Thu, 17 May 2012 19:50:56 +0000

There is no easy answer to that one. Orders are what control and they say 6:00 p.m. However, there needs to be some flexibility as well. If you are up front and tell them in advance the situation, then they should modify accordingly. Do they have to? Not per the court order.

Some judges will modify the terms of a possession order and or add possession makeup time when one parent is completely inflexible in occasionally moving visitation times.

Talk to an attorney in your area about it and they can help you with the litigation steps should they become necessary.

By: Chris Schmiedeke

Chris Schmiedeke — Thu, 17 May 2012 19:39:16 +0000

Not without seeing your order. Standard visitation weekends in Texas are measured by Fridays. Under a standard order you count the 1st, 3rd and 5th Fridays. Thursdays are separate from the weekends as fas as calculating the dates unless you have a modified order. You probably need to hire an attorney to look at it.

By: Nicole

Nicole — Wed, 09 May 2012 21:52:03 +0000

Thank you for sharing your knowledge with us! I have a question about weekend possession. Our weekends are set to begin on Thursday after school. The fifth Thursday of May is also the last day of the month. I consider this the first weekend of June. Otherwise it will be four weekends in a row that he will be with his father, due to the mandatory Father’s Day weekend. Can you offer any advice on how to determine the weekends?

Thanks again for providing answers for us readers

By: Matt

Matt — Mon, 07 May 2012 15:32:40 +0000

Am I not entitled to Father’s day weekend visitation with my child thats under 3 or does father’s day holiday supersede that? It still falls on the 3rd weekend of the month so either way i should get to spend time with my child? I get her from 10-2pm until shes 2 on 1st, 3rd & 5th Saturdays.

By: Angela

Angela — Fri, 04 May 2012 19:01:33 +0000

I love your blog. I wish you would cover some of the other stuff parents get into riffs about but realize it is hard to generically cover all issues. We are having a problem right now and I am hoping you have some advice. During a typicall possession weekend for the NCP if for some reason I can’t pickup at the 6:00 time on friday do I forfeit my weekend entirely? With advance notice shouldn’t I be able to say I can’t pickup Friday but will be there Saturday at 10:00, etc since the full weekend is still mine? Keep in mind that our generic decree does not say anything about being late, or changing the time or what to do if anything other than the standard goes wrong. Thanks!