If My Husband Has Visitation on 1St and 3Rd Week-end Does That Change in The

Updated on May 11, 2016
D.N. asks from Argyle, TX
9 answers

summer when he has her for 30 days? Does he still the 1st and 3rd and the 30 days?

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N.B.

answers from Oklahoma City on

Let's say he has her for the whole month of June.That includes the first and third weekends.

If he gets her in the middle of the month and one of those designated weekends are not included then I would say yes, that's his weekend.

If he isn't wanting to take her on those weekends but you planned her being gone then you can request he find someone in his family or something to watch her. Otherwise I would say any time it's his weekend or that he wants to see her he should have access to her.

It's sooo much easier to have a decree that states specific dates.

For example.

Guy will have daughter from June 1st through June 30 and from that point through the rest of the summer break from school he will continue his scheduled visitation on the 1st and 3rd weekend.

Or

Guy will have daughter from June 1st through July 31st. Then his regular visitation will commence. He will have her, regardless of holiday or celebration on those 2st and 3rd weekend.

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M.S.

answers from Seattle on

This is really a question for your lawyer, or whoever drew up the visitation papers. We aren't family court lawyers or judges in the state of Texas so we aren't prepare to answer your question. If you don't have visitation papers or documents in place, I suggest you go back to family court and get them drawn up so you are clear about what is included and what isn't.

Good luck.

6 moms found this helpful

D.B.

answers from Boston on

Ask your lawyer or mediator for clarification. It really depends on how the agreement was worded. In our case, it was worded ambiguously and required clarification. Your lawyer should not charge you for a quick phone call on something that he/she already drew up or signed off on, if that's your reason for not calling directly. But without seeing your agreement and without being lawyers, we really wouldn't know.

While you're at it, if the question of a 5th weekend isn't addressed in the agreement, you might as well find out about that too. Also find out if "summer" means July and August, or from the last day of school to the first day in the fall. Ours was confusing that way too.

6 moms found this helpful

T.S.

answers from San Francisco on

If he has her for thirty straight days I assume it includes the first and third weekend.
Look at the agreement and/or call your lawyer if you have questions.

2 moms found this helpful

J.S.

answers from St. Louis on

What does your decree say?

2 moms found this helpful

L.L.

answers from Dover on

Depends on what is written in the agreement/court order. Typically what I have seen is summer arrangements are in addition to normal visitation...for example...parent that gets every other weekend plus two weeks in the summer gets eow AND when they have two weeks (resulting in basically 17 days straight cause their weekend plus the week).

1 mom found this helpful

E.B.

answers from Los Angeles on

Our agreement also wasn't specific on this issue when years after the initial decree "the month of July" was added to the visitation. Even though we had recently concluded a heated custody dispute, we reached an amiable logical solution without calling our lawyers.
The kids were young then (5, 6, 8), but comfortable with the logistics of alternating weekends (visitation was "every other weekend").
We agreed to keep the weekend schedule as it was, and basically just changed where they spent the weekdays during July. It was the perfect solution, because the kids kept their stable schedule AND had special time with the other parent.

1 mom found this helpful

T.F.

answers from Dallas on

Ask your lawyer what you agreed to!
We can't legally answer your question.
It's between you, your ex and whatever you both signed off on with your divorce decree.

1 mom found this helpful

M.D.

answers from Washington DC on

That should be in your legal documentation...we can't answer that.

1 mom found this helpful
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