Archive for the ‘Holiday visitation’ Category

november and the Texas standard possession order

Friday, October 28th, 2011

This is my second go around on the standard visitation order for November in Texas.  You can see my first round here.  The song remains the same, only the dates have changed.  Actually that is not true.  Last year was the custodial parent’s Thanksgiving holiday and this year’s visitation belongs to the non-custodial parent.  That changes things a bit as you will see below.

The weekend visits this month are the 4th and 18th.  The parent with standard visitation will also get each Thursday this month (including Thanksgiving).  Pretty simple, right?

Now the hard part – the Thanksgiving holiday.  The age old question in most of our visitation battles is “when does school let out for the Thanksgiving holiday”?  If the child is off for the entire week of Thanksgiving, then visitation is a no-brainer.  The non-custodial parent gets visitation beginning Friday the 18th and keeps the child until the Sunday following the Thanksgiving holiday (or return to school Monday depending upon your order).  This includes if the Monday and Tuesday are “in-service” days or the kids are not otherwise in school.

However, if the children have school on Monday the 21st, then your weekend ends at 6:00 p.m. on Sunday the 20th or, depending upon your order, at the time school resumes that Monday.  Your next possession would begin when the child is let out of school for the Thanksgiving holiday, typically Tuesday or Wednesday in this scenario.  It will end on the Sunday following the holiday.  Your next possession will be in November.

It seems easy enough when I write this, but I know there will be a million questions as the holiday approaches.  I will do my best to answer each of your questions in a timely manner so feel free to comment.I hope everyone has a happy Halloween and Thanksgiving.  Talk to you next month.

october and the Texas standard visitation schedule

Tuesday, September 27th, 2011

October is just around the corner so let’s review the Texas standard visitation schedule.  The weekends and Thursdays are pretty standard.

For weekends you will have the 7th and the 21st and the there will be 4 Thursday visits this month (or Wednesday for older orders).

There are two holidays this month we have to deal with.  The first is Columbus day.  This is a Monday holiday and falls on a standard visitation weekend (1st).  If your child has off for Columbus day, review your order as you will have an additional day.  If you normally return at 6:00 p.m. on Sunday, then you will return at 6:00 p.m. on Monday.  If you return to school Monday then you will return to school Tuesday.  This is a pretty straight forward holiday.

Let’s talk about the bigger elephant in the room.  Halloween.  It falls on a Monday this year, and it is not a standard visitation order weekend (i.e. 1st, 3rd or 5th).  If you do not have  a special provision in your order for Halloween, then without an agreement, you will not get Halloween this year.  I would suggest working now on an agreement for that weekend.  Perhaps you could offer to give up one of your weekend nights in exchange for Halloween night.

If you reach agreements, get it in writing.

Have a good October!

may visitation and the Texas standard possession order

Friday, April 29th, 2011

The month of May is relatively simple in terms of Texas standard visitation.  The weekend periods of possession are Friday, May 6th for a mother who is not the custodial parent and Friday, May 20th.  All the Thursdays (or Wednesdays) should be standard this month unless your child is in a school that lets out for summer break this month.  In that case, any Thursday following dismissal will not apply as Thursdays are only during the school term in a Texas standard visitation order.

Sunday, May 8th is Mother’s day.  If the child’s mother is the custodial parent then she will get this weekend even if it is the Father’s first Friday of the month.  Mother’s day takes precedent over a standard weekend visit.

Memorial day is the custodial parent’s weekend so there should be no issues as to an extended weekend due to a Monday holiday.

As I said, pretty simple! :)  As always, if you have general questions please comment.  I will do the best I can to answer them as quickly as possible.  Check out my newly refreshed and designed website at www.chrislawyer.com.  Ain’t it perty?

april and the standard visitation order

Friday, April 1st, 2011

It’s April and since there have been no showers (in Dallas) will there be no flowers?  I know, dumb.  Today will be the first weekend visitation for you non-custodial parents in Texas as it is the first Friday of the month.  Your next weekend will be April 15th (second Friday of the month) and then April 29th (5th Friday of the month).  It is going to be a great visitation month!

Thursdays should be standard all the way through the month.  The only holiday this month is Easter weekend.  Unless you have a specific provision for Easter in your decree, it will be the custodial parent’s weekend.

April is the month of notices in a Texas possession schedule.  If you are the non-custodial parent and you wish to pick your extended summer visitation, you will have to have given notice by April 1st of those dates.  If you do not give notice you will get July 1 beginning at 6:00 p.m. and ending on July 31st at 6:00 p.m.  The custodial parent has until April 15th to designate one weekend inside the extended summer visitation that they can exercise.  This weekend begins and ends at 6:00 p.m. on Friday and Sunday respectively.  If they do not designate by April 15th, they lose that weekend.

The final April notice date is again April 15th.  If the custodial parent gives the other parent notice by April 15th they can pick one weekend that would have otherwise been the non-custodial parent’s weekend OUTSIDE the extended summer possession.  The difference between this notice and the one just above is that if notice is not given by April 15th, they still can give notice throughout the summer if given 14 days in advance.

I think that just about covers it.  If you have any questions, feel free to enter them in the comment section and I will try to answer them the best I can.

 

march and the standard possession order in Texas

Tuesday, March 1st, 2011

March is upon us.  Great time of year.  College basketball is ramping up, spring is here…love it.  For visitation purposes this weekend is the first Friday of the month and therefore the first possession period.  The third Friday is March 18th and would be a normal visitation weekend UNLESS the child is on Spring Break that week or the week following.  If the child is on break that week then it is the custodial parent’s (parent with custody) week and weekend.  It trumps your normal visitation.  However, if you are operating under a standard possession order for over 100 miles, then it is always the non-cutodial parent’s week.

Another scenario: if your child is on vacation the week of the 21st then you will also lose your weekend of the 18th because the kids will be dismissed on Friday the 18th for their break.  It begins for a parent begins at 6:00 p.m. on the day that the child is dismissed from school, which in this case would be the time that your visitation weekend would have started.  This does not apply if you are over 100 miles.

The Thursday visitations are standard with the exception of the Thursday during the week of the child’s Spring Break.

I hope everyone has a great March!

december and standard visitation

Friday, December 3rd, 2010

The holidays are in full swing as we are wedged between Thanksgiving and Christmas.  I hope you all made it through Thanksgiving intact and didn’t put on to too much weight. :)

The weekend visitations begin tonight (or last night if you have Thursday overnights) December 3rd.  December 17th will be the next and last scheduled weekend visit as the 31st (5th weekend of the month) will be swallowed up by the Christmas holiday visitation.

The Thursday visits (or Wednesdays if you have an old order) will continue all month until you reach one that is within the holiday visitation.  There will be no more weekday visits this month following that as we will be in the Christmas holiday.

Under a standard possession order, this was the custodial parent’s Thanksgiving, so it will be the visiting parent’s Christmas.  The holiday will begin when the child is dismissed from school for the holidays or at some set time such as 6:00 p.m. Check your order.  It will continue through December 28 at noon (newer orders) or December 26 at noon (older orders).  The custodial parent will then have them until school resumes after the Christmas holiday.  Once they return to school you will return to the standard weekday and weekend visitation schedule.

In looking at the calendar I do not see any potential major conflicts or problems with the holiday schedule but that will all depend on when your particular school district lets out.  Even then it would probably only be the Thursday visit where it would arise.  If problems do arise, do something special for your kids this Christmas and work it out with the other parent. Don’t fight, don’t argue, just work it out this one time.

If you missed the post a while back about cooperative parenting from one of my readers you can read it here.

If I get too heavily distracted this December and don’t post…have a merry Christmas!

visitation and the holidays – practical tips

Thursday, November 4th, 2010

The holidays are rapidly approaching.  They can be joyous events or they can be the worst time of the year if you are in or recently completed a custody battle.  One of my readers, who has experience in these matters, has some great ideas on how to begin to heal the wounds and provides some good practical tips for the holidays:

Non-Wicked Step-Parenting For A Harmonious Family Life

My husband and I have a yours, mine and ours family.  I have sole custody of my two kids, ages six and eight.  We have a four year old together, and my husband has an eight year old son, also.  When he received primary custody of his son, it was the beginning of November.  That’s right before the holidays, and he and his ex-wife were not on friendly terms at all.  That holiday season was very hard on all of us; none of us was willing to be cooperative, or even civil, with each other.  We all became angry and argumentative over the smallest details of the custody order.

Five years later, we’ve learned a thing or two about working together and getting along.  Since then,  I’ve become the main person responsible for communicating with his ex-wife.  She and I get along well now.  So, I don’t mind being the middle woman, because our whole family is a lot happier when we don’t have any disputes over my step-son.

For all you newly divorced or separated parents out there, I know how stressful and sad it is to face the holidays with a court ordered schedule that’s probably not what you want.  In fact, you may be dreading negotiating the court-ordered holiday schedule.  You may be feeling a sense of loss over the idea of not having your child on the actual holiday.  Perhaps you wish that your ex would be open to some flexibility in the holiday (or even the regular) schedule.  The good news is that, by exercising a few simple strategies of kindness and consideration, you can greatly increase the likelihood that your ex will work cooperatively with you!  The following are some things I’ve learned over the last five years of navigating the Standard Possession Order alongside my husband.

1. Be the bigger person.

One of the hardest parts of sharing custody, at least in the beginning, is being nice to your ex. This is especially true if your ex is not so nice to you.  Nothing brings about bad blood like a custody battle, and if your separation is recent, you and your ex are probably still harboring a lot of anger and resentment toward each other.  At this point, it doesn’t really matter who’s right and who’s wrong; each  of you believes that you are right and neither of you is likely to change your mind about that.  And that’s irrelevant to the matter at hand; there is always more than one side to a story.  But if you want to make any progress toward getting your ex to agree to a change in the holiday schedule (or even the regular visitation schedule), you’re just going to have to let go of being right and be the bigger person.

Don’t engage in any arguing, accusing or nit-picking with your ex.  Be calm, polite and fair with your ex, no matter how much he or she may try to provoke you or how upset you may be with him or her.  If you don’t feel that you can be the bigger person right now, consider asking someone else to be the bigger person in your place; to be your “point person”.  Perhaps your new spouse/significant other or a relative can do pick up or drop off, or take calls from your ex.  This was my role in the beginning because they just couldn’t get along.  Now it’s just out of habit.

Turn these transactions with your ex into friendly, positive experiences during which small talk can take place and little tidbits about your child can be shared.  A cute story about something your child did or a quick overview of your child’s weekend goes a long, long way toward making the other parent see you (or your designated “point person”) as an ally and feel included.  If having a “point person” makes it easier for these positive exchanges to take place, then go for it!

2. Make a peace offering.

Once you and your ex reach at least a semi-peaceful relationship, it’s time to make a peace offering.  If you want your ex to work with you on occasional schedule changes, you need to demonstrate your willingness to cooperate and follow through with an agreement.  Whether you’re the custodial or non-custodial parent, find a little leeway in your visitation schedule to offer the other parent a “freebie”.  Maybe you can offer to drop your child off at a time when your ex would normally have to pick her up, or offer to meet your ex halfway if you don’t live near each other.  You might offer to let your ex pick your child up early, drop him off a little later, or allow your ex to take your child for a couple of hours on a special occasion.

Personally, I’ve invited my husband’s ex to our other kids’ birthday parties, I’ve taken my stepson to her children’s birthday parties, I’ve dropped in on her with my stepson when we just happened to be in the area anyway, and I’ve met her at various times and locations convenient to her.  I really don’t mind; the person who benefits the most from all my efforts is my stepson!

Make your peace offering something that your ex will appreciate, and then follow through with it.  This will demonstrate your ability to be reasonable and cooperative, and will prove that you keep your word.  Your ex will remember that and be more likely to return the favor.  In fact, give yourself a two or three “freebie” head start before you ask your ex to return the favor; especially if you are the custodial parent.  If you are the custodial parent, bear in mind that the non-custodial parent may resent your asking for even a small change to the schedule and may view it as a ploy to shortchange them out of some of their time with your child.  Keep the balance between “freebies” and requests slightly generous in your ex’s favor as a gesture of good will.

3. Ask humbly and you are more likely to receive.

When an occasion does come up where you want to ask your ex for a change to the schedule, ask well in advance and remember to ask politely!  Don’t demand or throw all of your “freebies” in his face as if he now owes you a favor.  A simple, humble, “Next month is such-and-such.  Would you mind if I picked Junior up a little early that day?” is all you need.  Don’t get angry or discouraged if your ex immediately says no; just let your ex know that you understand how important her visitation is, and you’re not trying to take that away from her, but it’s a special occasion and you would really appreciate it if she would consider your request.  You might give your ex some time to think about it and get back to you later.  You could also offer an even exchange; if you give me two extra hours, I’ll give you two extra hours.

The two most important points to remember are to mind your manners and not lose your temper!  Don’t blow all of your hard work in building a cooperative relationship by spouting off an angry or rude retort!  The minute you revert back to a hostile attitude, all or most of your progress will be lost and you’ll be right back where you started.  For example, I know of a father, and custodial parent, (ahem) who once negotiated with his ex-wife for several extra days with their son over the holidays, but became angry and rude with her when she decided that she wanted one more day before sending their son back home.  Naturally, she responded angrily and retracted her agreement.  Don’t let this happen to you.  Be willing to compromise and be appreciative of your ex’s cooperation.

4. Think outside the Standard Possession Order.

Whether you’re the custodial parent or the non-custodial parent, get on your ex’s good side by looking for non-traditional ways for your child to have contact with his other parent from your home.  Do you and/or your ex play video games online?  Let your child (if she or he is old enough) and your ex play online together.  You could allow your child to use your cell phone to send text or picture messages to her other parent, send emails from your account or chat via video conferencing.  My stepson especially loves online gaming with his mom and texting!

If you’re not equipped for some of those options, you can still have your child draw pictures to take to his other parent, write letters and mail them, or even send post cards.  Do you have a toddler or preschooler in day care?  If so, you may be familiar with the communication forms most day cares send home detailing your child’s day or week; you could also borrow that idea and keep a similar log of your young child’s activities to send to his other parent.

Facilitating communication between your child and her other parent this way not only racks up brownie points for yourself, but it benefits your child as well.  It sends the message that loving the other parent is ok and not a disloyalty to you.  Helping your child stay connected to your his other parent makes him feel happy, and using technology, especially, to do so makes your child feel cool and important.  Who doesn’t want that for their child?

5. Share your child virtually.

And speaking of brownie points, it never hurts to garner your ex’s alliance with photo-updates of your child.  Your ex will appreciate knowing what your child is doing, and seeing pictures of her smiling and having fun.  While you should always tread carefully where social networking websites are concerned, you can send pictures through email.  If frequency or file size are of concern, photo sharing websites are a great alternative to email.  Also, if you’re a blogger, you might consider sharing your blog with ex.  Of course, you should exercise the same precautions with your blog as you would with social media.

If all this seems like a bit much, you can use good, old fashioned snail mail or hand delivery to send pictures, samples of school work and other information.  The main thing is to include and inform your ex about your child is doing when they’re with you.  Wouldn’t it be great to receive the same from your ex?

Peace, At Last

One of the hardest parts of sharing custody is having some empathy for your ex, who loves and misses your child as much as you do.  In dealing with custody and visitation issues, it can be helpful to remember that these issues stem from the fact that you both love your child very much and because of that, this is just as painful for your ex as it is for you.  Fortunately, it’s within your power to make the situation easier by employing a little kindness and consideration.

It won’t happen overnight.  It took me the better part of year to win my stepson’s mother’s cooperation, and it was probably close to another year on top of that before she and my husband were on good terms.  So, don’t get discouraged; it’s definitely a process, but it pays off

november and standard visitation in Texas

Monday, November 1st, 2010

I hope everyone had an enjoyable Halloween.  November is here and it is a busy month when it comes to standard visitation in Texas.  We’ll start with the simple and move to the more complex:

The standard weekends this month are Friday the 5th and Friday the 19th (maybe, see below).  The Thursday (or Wednesday if you have an old order) possession will continue this month with the exception of Thanksgiving week.  It is the custodial parent’s Thanksgiving this year.

Now the difficult part.  Each school district exercises the Thanksgiving holiday differently.  Let’s first address the language in most orders.  Standard orders read like this:

“the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6:00 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years.”

If yours is a school district that dismisses school on the Tuesday or Wednesday before the holiday, then you will have the weekend of the 19th as a standard weekend visitation.

If your school district dismisses for the entire week then we have to look a little deeper.  Some schools dismiss on Wednesday, but have an inservice day on Monday and Tuesday (see the DISD Calendar).  That means that the child is out for the entire week.  If that is the case, when is the child “dismissed from school before the Thanksgiving holiday”?  This year the non-custodial parent would argue that it starts on Wednesday the 24th so they could have their weekend (extended by the Monday inservice day), while the custodial parent would argue that is starts on Friday the 19th so that they get that weekend as well as the holiday.

My first response is always that the parties should reach agreements on these types of issues.  However, I know that is not always possible.  So what is the answer?

I don’t know!  I think it depends on the wording on the school calendar.  In looking at the DISD Calendar I think the argument could be made both ways.  The custodial parent would argue that the whole week is designated a holiday and therefore it would begin the preceding Friday.  The non-custodial parent would argue that the calendar makes a clear delineation between the Thanksgiving holiday and the two inservice days.  By color coding them differently, the parent would argue that the Thanksgiving holiday does not start until the black highlighted section begins on the 24th and that the two white highlighted sections are inservice days extending their weekend per the standard order.

By contrast, look at the calendar for Grapevine ISD.  Theirs is highlighted the same throughout the week.  I think the custodial parent has the best argument here as it looks like the whole week is the Thanksgiving holiday.

Hopefully your school district makes it easy for you by letting out on Wednesday with no inservice days.  That is cut and dry.  If you are one of the unfortunate that have it the other way, be reasonable on both sides and save yourself a lot of grief.

june and the Texas standard visitation order

Tuesday, June 1st, 2010

It’s June and summer is here.  Following are some dates and other things that you need to be aware of this month for purposes of standard visitation or standard possession order in Texas:

  • If your child is out of school (or if the school district the child would attend is out of school) then your Wednesday (depending on how old your order is) or Thursday visits are over under a Texas standard visitation order.
  • If your child is still in school until Friday then you will get your standard Wednesday or Thursday night visit per standard visitation schedule.
  • Your weekends this month will be the 4th and the 18th unless you otherwise designated your extended summer possession for some time this month.  If you did not designate your time, then your summer visitation will be next month.
  • Remember that the other parent may select a weekend outside your extended summer visitation to have the child if proper notice is given.  If you need further clarification of this, please review this post.

Please review my prior posts for discussions of summer, weekend and Thursday periods of visitation to refresh yourself on the standard visitation rules for Texas.

As always, check your specific possession order as yours may not be standard or there may be subtle modifications.  This post is for a standard visitation order in Texas.

father’s day visitation in Texas

Tuesday, May 18th, 2010

I love this time of year.   This kids are almost out of school, swimming pools are opening and fun vacations are coming up.  What does that mean for you?

If you are a father, then the Father’s Day holiday is rapidly approaching.  In looking at the calendar for this year, Father’s Day will fall on a standard visitation weekend.  If dad is the one with standard visitation, then it is his weekend anyway because it is the third Friday of the month.

If mom has standard visitation, even though it is a third Friday, she will not exercise that weekend’s visitation as it is a time for a father and child and their holiday trumps mom’s period of possession.

Typically the visitation for a father on Father’s Day begins at 6:00 p.m. on Friday and ends that Sunday at 6:00 p.m.  However, always check your order for the exact times that your visitation begins and ends as they may begin when school is dismissed and end when school resumes.  Your order will dictate the pick up and drop off times for holiday visitation or your weekend period of possession, whichever is applicable.

If you are asking yourself why I am discussing weekend visitation in the summer, then perhaps you should review my post on weekend periods of possession as they last throughout the year under a standard visitation order.

It is also important to note that under a standard visitation order Father’s Day weekend trumps summer weekends or summer extended periods of possession chosen by the mother.  Basically it trumps everything.

It is a great time to be a dad as y’all get the whole weekend to yourself.  Take a trip to Six Flags, go for a bike ride, or just hang out at the house and watch a movie. The most important part is to spend time with your kids.  Enjoy!