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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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Does a custodial parent's summer weekend possession affect

Customer Question

Hi,
Does a custodial parent's summer weekend possession affect the other parent's days of summer possession? Our's has gone back to court, due to circumstances and the extent of the distance required for visitation, therefore it isn't "standard" or "standard extended" summer possession- The court increased the days to 49 to make up for some of the lost days throughout the year of not being feasible to travel so far for the one weekend a month visit. The papers say nothing about the custodial parent taking days away from the 49 to get a weekend visit or two..and making it 47 or 45 days instead. Please advise, confirm, or deny! The custodial parent was allowed to have their two weekends plus 6hrs extra that was asked for, even though they did not give notice by April 15th- (They only post-marked the mail on the 15th, so the mailman received notice on the 15th!) The custodial parent expects the child to be returned on the evening before the 45th day of the other parent's summer possession.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Since this is a custom order, it's hard to understand the Judge's intent.
What is normal in Texas is that the custodial visitation comes out of the non-custodial parent's visitation. So the total is 49 days, but within that the custodial parent got their two weekends. So in reality, the non-custodial parent doesn't get 49 days of uninterrupted time. But let's say visitation started June 1st, the non-custodial parent should summer custody of the child from June 1st to July 19th, with the custodial parent picking up the child on their chosen weekends during that time.
Does that make any sense? I know it's complicated.

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