April and the standard possession order

Okay, after a long hiatus I am back.  Next month is April…what do we have on tap for standard visitation?  Click on the link for a review of last years April visitation.  I think I was smarter back then anyway as now I am out of the groove.

March is finishing with a 5th weekend (measured by Friday) of the month so the noncustodial parent (the one without custody :)) will have had the last weekend in March (30th) and the first weekend in April (6th).  The other weekend visit will be the 20th of April.  Of course you know when your visits start and end, correct?

For Thursdays (or Wednesdays in older orders).  You should have every one this month.

If your children are out for the Easter weekend, then the provisions dealing with a long weekend will be in effect.  This means that if your child is out on Good Friday, then the visit which normally would have started on Friday, will now begin at the same time on Thursday.  If they are out Monday, your visit will extend to Monday evening from Sunday evening (assuming your visits end at 6:00 p.m. on Sunday) or return to school on Tuesday if your visits end when school resumes on Monday.

Other than this, I do not see anything that jumps out at me for an April standard visitation order in Texas.  As I always say, READ YOUR ORDER.  Nothing I post here has any relevance if your order is different from the standard possession order.  When in doubt, contact a local attorney to understand your rights and duties.

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12 Responses to April and the standard possession order

  1. Jody April 4, 2012 at 8:50 pm #

    If I am unable to pick my child up on Thursday can I elect to pick her up on Friday instead.

  2. kayjacob April 18, 2012 at 8:05 am #

    Question: I received notice of summer possession from child’s father by April 1, by certified letter. I sent my two requested weekends per SPO, by certified mail by April 15th. The post office attempted delivery, but no one was there to sign for letter, and a notice was left. I checked the tracking today, and he has still not picked up letter.

    What do I do if he never picks up letter of notification?

    Your blog is great, and really puts it in layman terms.

    Thanks again.

    KJ

  3. Angela May 4, 2012 at 12:01 pm #

    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!

  4. Matt May 7, 2012 at 8:32 am #

    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.

  5. Nicole May 9, 2012 at 2:52 pm #

    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 🙂

  6. Chris Schmiedeke May 17, 2012 at 12:39 pm #

    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.

  7. Chris Schmiedeke May 17, 2012 at 12:50 pm #

    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.

  8. Chris Schmiedeke May 17, 2012 at 12:58 pm #

    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.

  9. Chris Schmiedeke May 17, 2012 at 1:08 pm #

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

  10. vickie fields May 30, 2012 at 6:23 pm #

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

  11. Chris Schmiedeke June 1, 2012 at 11:45 am #

    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.

  12. Larissa April 17, 2013 at 7:08 pm #

    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.

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