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

Q: Deadline to request summer possession dates was on 03/15 ex didnt request dates until 04/30, is it valid?

We as conservators get 5 extra days of possession during summer break, we have to summit a written request for the dates of our choosing, but my ex didnt request dates until a month and a half after the deadline. There is no default days in our modified order, order is for 7 days with me, 7 days with other parent. Im wondering if the request for those dates are valid?

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2 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: The answer to your question depends on the specific language of your Decree. We cannot answer it here since we do not know what your Decree says. I suggest that you contact an experienced family law attorney.

Jonathan Tanaka
Jonathan Tanaka
Answered
  • Divorce Lawyer
  • Harker Heights, TX
  • Licensed in Texas

A: I would agree with what my fellow colleague stated. The final decree will dictate deadlines and rights and duties.

However, even if you technically are correct and your ex missed the deadline, I would encourage that you just allow them to exercise those extra days of possession for the benefit of your child(ren). In the end, I'm sure your ex would be grateful and so would your kids.

Sharita Blacknall agrees with this answer

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