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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111480
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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The order reads as follows first phase. Possession the first

Customer Question

The order reads as follows for the first phase. Possession the first third and fifth Saturday from 10-6 and the first third and fifth sunday from 12-6. Nothing says weekend. Should this not be the actual first, third, and fifth sat and sun independently? Need legal reference even though this is obvious to me
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no legal reference for what you are asking. This goes by plain language of the document. “The intent of a contract is not changed simply because the circumstances do not precisely match the scenarios anticipated by the contract and courts look to plain meaning of the wording when it is clearly written.” See: SAS Institute, Inc. v. Breitenfeld, 167 S.W.3d 840, 841 (Tex.2005). If no ambiguity exists, the court will enforce the contract in accordance with its plain meaning. See: National Union Fire Ins. Co. v. Kasler Corp ., 906 F.2d 196, 198 (5th Cir. 1990).

The wording above is pretty clear, each day stands alone because of the times that are designated for each day. Sounds like the lawyers are just trying to rack up hours for their client.

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