How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AlexiaEsq. Your Own Question
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13568
Experience:  19+ Years of Legal Practice in Family law matters.
Type Your Family Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

Previous court order visitation was 2 2 weeks breaks in the

This answer was rated:

Previous court order visitation was 2 2 weeks breaks in the summertime. Moved to California for a job and would like a modification for visitation rights. She is now 4 years old and I have been in her life. Have an attorney but it's been months and not resolved. She didn't agree to the modification but after 3 to 4 months later and more money to our attorney she agreed only because of the law, but only on her terms. Which is for only 28 days, plus her weekend visit, that would be a total of only 23 days for the summer. She gets her for 365 days out of the year and I would like to see her more. Anytime we ask for a day or two extra she complains and always always never give it to us. We would ask for extra days because of flight expenses, or day off of work etc. Now airlines tickets are expensive and e-mailed the lawyer and the ex girlfriend and noone seems to care. I asked for the modification in March. She lives in Marshall, TX.What is the Law for Visitation in the summer

Hi Jacustomer,


I'm so sorry for what you are going through!


You are right, however, there is a minimum. It is not clear to me from your facts how much you do have, but take a look at this and see if you and your daughter are getting shafted.


The Texas Legislature established a minimum visitation schedule for Texas - a Standard Possession Order (SPO) for those who live within 100 miles. That doesn't apply to you but there is a minimum for those non-custodial parents and children that reside more than 100 miles apart: the non-custodial parent gets every Spring Break, forty-two (42) days during the summer, and the choice of the standard weekends or any one weekend per month, selected by the visiting parent, so long as proper notice is given to the other parent.


I would urge my lawyer (in writing, mailed cert. r.r.r. if you must) that you want a hearing on it NOW. No more delays - she needs to request a hearing date on this motion, assuming she has FILED a motion to modify visitation. She needs to move on this.


Good luck dad, your girl is a lucky little one to have a dad working so hard to keep them together.



Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks


S. Joy, Legal Expert



My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

Customer: replied 7 years ago.
Here attorney created a modification for denial and our attorney responded by our modification which is the law in March. I don't what this to go to court because it's costly and I only make $400.00 per week. Now she is agreeing to 4 weeks (28) days exactly nothing more and her visition for a weekend also. If she would have agree to this earlier we would have said ok, but now it costs us more money for the attorney and flight tickets that we can't purchase yet and everyday it will be more expensive. Since then I want her for 42 days now because on how much she had cost me on being selfish for a few extra days. Our modification was for only 32 days but she denied us in March. Why does this have to go to court isn't it the law for fathers to have visitation rights. I was born in Ca. We met in Virginia, she got pregnant, she and her family moved to TX, my daughter was born there. I moved to TX tried to make it work but worked weekends, then I lost my job and moved back home where a job was waiting for me. I pay child support every month without fail.

Hi again,


Yes, the law says that the court will order as per your agreement, if there is one, unless there is grave reason not to accept the joint parents' decision. The law also says that if there is no agreement between the parents, (as in now), then IT will generally order as noted above (42 days, etc.). THe law is in your favor, but you have to have the court order it - it can't order it if you don't present it to the court. It is similar to the following: I have a written agreement with a contractor to paint my house. I give him $5000. He never shows, he owes me the $5g back, right? Yes, but since he does't send it back to me, I have no choice but to take him to court to enforce my rights to my $5g.


The court is where the favorable law is enforced.


I'm so sorry it is so difficult. I'm also sorry she was able to move to TX, I might have trie to block that. It must also be terribly difficult to be such a distance from your child. It never ceases to amaze me how many custodial parents, when dealing with decent non-custodial parents who support and love their children, have no qualms about screwing them further.


But the botXXXXX XXXXXne is, if you want your 42 days, you need to get the Order modified by the Court - with or without the mom's agreement. Ask you lawyer also about the possibility of the mom being responsible for attorneys fees if you have to go to court, since she has been made aware of the law indicating 42 days, but it using the expense of court to have power to deny you and the child of what the law has already determined is generally in the child's best interest.


I know court is expensive, and that is grossly unfair. Keep in mind that you do have every right to act pro se and represent yourself, and people do that all the time - just have to make sure you are diligent and study up.



AlexiaEsq. and 6 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thanks Stephine!
Anytime, good luck!