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?
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
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).
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