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Visitation / Christmas (child not in school) PLEASE HELP ASAP 2 clarify SPOTexas

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  • Visitation / Christmas (child not in school) PLEASE HELP ASAP 2 clarify SPOTexas

    I don't have the actual order in front of me but I THINK it is the same as the standard possession order for Texas, which states, pertaining to holidays:

    C. HOLIDAY POSSESSION

    The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Wednesday periods of possession without regard to the instance the parents reside apart. The possessory conservator and managing conservator shall have rights of possession of the child as follows:


    (a) Christmas.

    (1) The possessory conservator shall have possession of the child in even-numbered years beginning at 6:00 o'clock p.m. on the day the child is dismissed from school for the Christmas vacation and ending at noon on December 26. The managing conservator shall have possession for the same period in odd-numbered years.

    (2) The possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 26 and ending: (CHECK ONE)

    ________ At 6:00 o'clock p.m. on the day before school resumes after that vacation.

    _________ If the child is enrolled in school, at the time the child's school resumes after that vacation.

    The managing conservator shall have possession for the same period in even-numbered years.


    What is the deal with number 2, and how the heck does this apply to a 4 year old child?

    Need to know ASAP, because normally this coming weekend (starting the 30th) would be NCP's weekend as it is the 5th weekend, but does this holiday thing change that since it's an even numbered year?

    Does this mean that the CP gets the child this year for that period regardless of what weekend it is? If the child is not in school, does this just mean according to the public school schedule in the area where the child lives?

    Bottom line, WHO gets her this weekend according to this?
    Last edited by needanap; 12-26-2006, 12:46 PM.

  • #2
    For the sake of the child, make a phone call and offer a little extra time. It is about the child, and not the parents any more.

    The way it is written is because so many parents can't get along. It was also written by a lawyer.

    Comment


    • #3
      Originally posted by GotSmart View Post
      For the sake of the child, make a phone call and offer a little extra time. It is about the child, and not the parents any more.

      The way it is written is because so many parents can't get along. It was also written by a lawyer.
      What? Make what phone call?

      This is not helpful. I just need an answer to the question posted.

      There is WAY MORE TO THIS, which is detailed in another post, and not relevant to the question. You can read the other post from me from a couple hours ago if you are curious. It will make it clear how this is very much ABOUT the child.

      Thanks

      Comment


      • #4
        It helps to keep things in one thread. I remember seeing the other posts now. (I gues I need a nap myself) I did not make the connection.

        In your case you need a lawyer that knows the system. This case screams of mis handeling. Take the question to CPS, and ask them if they can reccomend a lawyer. There are plenty of ones that do pro-bono work.

        My prayers go out to the poor child.

        Comment


        • #5
          Originally posted by GotSmart View Post
          It helps to keep things in one thread. I remember seeing the other posts now. (I gues I need a nap myself) I did not make the connection.

          In your case you need a lawyer that knows the system. This case screams of mis handeling. Take the question to CPS, and ask them if they can reccomend a lawyer. There are plenty of ones that do pro-bono work.

          My prayers go out to the poor child.
          Sorry if I was snippy. I am beyond "needing a nap" at this point. Too many frustrations, not enough money or sleep.

          I posted the first thread THEN started wondering about the holiday thing. It didn't dawn on me at first... I was just thinking it was just another weekend. Then I started wondering if the holiday changed anything and went and looked up the info, which prompted my question. I just didn't think the other info was really relevant to the question.

          I just want to make sure I'm interpereting this SPO correctly... and I think I am. I did find one example of the standard visitation schedule that defines "school schedule" as the "schedule used by the district that the child resides in if he/she were attending school", or something along those lines.

          I'm just thinking that since it's an even numbered year, Mom would have the child from the 26th until the return of school so his insistence that he pick her up "or call the police" is based on incorrect info and he does not actually have rights to this upcoming weekend.

          It would just buy more time to make a move legally for mom or find help.

          I just want to make it clear that I'm not some man-hating whatever.... my own children were put on a plane today to see their father, like every Christmas, and I'd send them any time he asked, regardless of the court order. He was a craptacular husband and is seriously lacking as a father in many ways....but he is kind to them, they love him, I know they are okay when they are up there, and I'm not going to interfere with that unless he is somehow harmful to them. I wish he were MORE involved, actually, not because I want them gone but because they miss him and he is not one for keeping in touch in between visits... or taking them for the full time (like in summer, when he was not working and had his expenses covered and still only had them for 2 weeks though they wanted to stay for a month). He sees them about 3x a year and we live 5 hours apart. I think that's too little time.

          Anyway, don't want to get off on a tangent about my own situation, just making sure it's understood that this other situation is VERY different and this man IS a danger to his child and has no regard for her emotional or physical welfare but is hell bent on using her to "hurt" mom.

          So that's why I wanted to find this out ASAP, because it's in this child's best interests if she does NOT have to go on Friday...

          Comment


          • #6
            bump?, anyone?

            Comment


            • #7
              As a rule, unless otherwise specifically stated, holiday visitation supercedes normal weekend visitation schedules.

              As for the rest, I'm sorry...it's not that I ignored you, I just don't even know where to begin to help. Please get an atty. You and your child desperately need one. I know the expense is hard to swing...Sorry, I don't have any other helpful answers.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment

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