Okay, January is here and it is 2013! What do we have on tap for our weekend and Thursday periods of possession this month? Let’s see:
Weekend possessions – If your child returned to school yesterday or today (which most did), then the first weekend of the month would have been trumped by the Christmas holiday possession. Therefore the first weekend possession this month will be January 18th (3rd Friday of the month). There is no fifth Friday this month, so only one weekend of standard possession this month. But wait! There’s more…if your child is released from school for the Martin Luther King holiday, then the provision for extended weekends will apply. That holiday is the Monday following the standard possession weekend.
In quick review, if MLK day is a holiday for your child and your possession ends at 6:00 p.m. on a typical Sunday, then your possession will now end at 6:00 p.m. on Monday. This is all assuming that you have that provision in your decree. Check in the visitation section for the “extended by holiday” section.
As for Thursdays (or Wednesdays under old orders) you will get the 10, 17, 24, and 31 (or 9, 16, 23, or 30).
That’s it for this month. Post comments if you have questions.
Let’s make 2013 the year of compassion when it comes to visitation. Let’s try to do at least one nice thing this year when a dispute arises as to visitation. Can we do that? One thing this year? I can hear the response…”but they never do anything nice for me…..” Then I guess you are a better person than they are. When you give someone a gift, do you expect that they give you a gift back? I hope not.
Happy New Year.
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.
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.