Sorry, I got behind again on my posts. As I can see from reviewing my “comments” to my April post, I may need to review the summer “notice” provisions again. It appears that many of you get confused because one party is learning to “game” the system. What I mean by that is this:
- Non custodial parent (ncp) is entitled to thirty days in the summer and must elect their time by April 1 or it will revert to July 1 – July 31st. Let’s pretend I am the ncp and I send written notice on March 31st via certified mail and first class mail. First problem is that the custodial parent (cp) does not pick up the certified mail and it just sits. It does not matter. I met the notice requirements and they are on notice whether they pick up or not. To be safe, i may also send via email.
- Here is where I “game” it. I pick my first two weeks to be as follows – July 8th until July 20th. That is the first part of my extended summer possession and accounts for 12 days. HOWEVER, look at your calendar. I also get standard weekends in the summer. That means that I will pick up the child on July 6th at 6:00 p.m. and keep the child until Sunday the 8th at 6:00 p.m. My next possession is my extended summer possession and begins on Sunday the 8th at 6:00 p.m. That means I keep the child from the weekend. My possession then goes until Friday the 20th at 6:00 p.m., but wait, I also get that weekend as it is a third weekend, and it begins on Friday at 6:00 p.m. so I would keep the child until that Sunday at 6:00 p.m. before I returned to cp.
As you can see from that hypothetical, I have only used twelve days of my extended summer possession, but have gotten 16 days out of it. I can do this all over again one more time if I wanted to. That is what you call gaming the system.
This post answers a few of the comments I had regarding notice under the standard possession order in Texas. There were many more and I will try to address them as they come up.
Talk to you soon.