Frustrating...

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Frustrating...

Postby DaddyBall » Thu May 31, 2012 11:56 am

Trying to pick up my son today per expanded orders.

Bio not identifying where he is to do so.

He reason... her assumption that summer possession starts when school ends.

School ends today which is a Thursday.

My attorney states my school period possession is still in effect since there is school on a Thursday.

What a mess.

Part of me says it's only 1 day. Forget it and move on.

Part of me says it's my duty to fight for every minute I can get with my son.
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Re: Frustrating...

Postby dadmisseskids » Thu May 31, 2012 12:06 pm

DaddyBall wrote:Part of me says it's only 1 day. Forget it and move on.

Part of me says it's my duty to fight for every minute I can get with my son.

My attorney states my school period possession is still in effect since there is school on a Thursday.

I would go with what your attorney says. I'm always torn with issues like this. It's your kid and you want as much time as possible but then some judges see this type of litigation as a waste of time and view you as looking for problems. If it were me, I'd document this and use it the next time you're in court.
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Re: Frustrating...

Postby hoosier_dad » Thu May 31, 2012 12:28 pm

This is an issue that appears to have very specific wording that summer possession in Texas can't start any earlier than the day after the last day of school. Very easy to confirm with a simple google search and you would be on solid ground if this went to court.
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Re: Frustrating...

Postby DaddyBall » Thu May 31, 2012 12:49 pm

hoosier_dad wrote:This is an issue that appears to have very specific wording that summer possession in Texas can't start any earlier than the day after the last day of school. Very easy to confirm with a simple google search and you would be on solid ground if this went to court.

I've searched.

Can anyone else find it and send me a link?
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Re: Frustrating...

Postby Fatheroffour » Thu May 31, 2012 1:36 pm

Sec. 153.312. 2(a)

http://www.statutes.legis.state.tx.us/D ... FA.153.htm

gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation
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Re: Frustrating...

Postby DaddyBall » Thu May 31, 2012 1:58 pm

Fatheroffour wrote:Sec. 153.312. 2(a)

http://www.statutes.legis.state.tx.us/D ... FA.153.htm

gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation


Thank you.

I hope this helps!
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