Irving, TX asked in Child Custody and Family Law for Texas

Q: Visitation on Thursday (2hrs) and his weekend for visitation starts the next day. Child is out of school Fri/Mon Holiday

This situation is in Texas and the father did not return the child after his 2 hr. visitation on Thursday and states he will return her on Monday after 6pm based on his determination of the agreement.

The Agreement states verbatim Below:

"Except as otherwise expressly provided in this Standard Possession order, if a weekend period of possession by (Father) begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall began at 6:00 p.m. on the immediately precedence Thursday."

My question is was he supposed to bring the child back Thursday and pick her up like regular on Friday?

Per the agreement is he supposed to keep the child on the proceeding Monday due to the child being out of school?

Can he be arrested?

Related Topics:
2 Lawyer Answers
Jon R. Boyd
Jon R. Boyd
PREMIUM
Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: No.

I cannot say for sure because you didn't cite the next paragraph in the Order, but it USUALLY says he keeps the child until 6 pm Monday OR return to school the next day, ie, Tues.

No, but you could file a Motion for Enforcement to ask the court to punish him for violating the order.

Chad Zubi agrees with this answer

Chad Zubi
Chad Zubi
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: Under a standard possession order in Texas, if the holiday falls on a Friday that is the same day that the other parent's possession begins, then the visit starts early on the preceding Thursday (that is what the clause you quoted says). If the holiday falls on a Monday and the other parent's possession ends on that Monday (for example at the time school begins) or ends on the Sunday before the holiday then the visit is extended and ends on that Monday (later then it would normally end on Monday).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.