Q: Need help understanding a court order.
IT IS ORDERED that the conservators shall have possession of the child at times
mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession ofthe child under the specified terms set out in this Modified Possession Order.
Parents Who Reside 100 Miles or Less Apart
Except as otherwise expressly provided in this Modified Possession Order, when mom resides 100 miles or less from the primary residence ofthe child, mom shall have the right to possession of thechild as follows:
The first. third and fifth weekends of the months from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
(d) Holidays Unaffected by Distance
Mutual Agreement Takes Precedence: The court order begins by stating that if both conservators can agree on when each of them will have possession of the child, then that mutual agreement will take precedence. This means they can decide on any schedule that suits them both, regardless of what the court order states.
Standard Order in Absence of Agreement: If the conservators cannot mutually agree on a possession schedule, then they have to follow the "Modified Possession Order" set out in the court order.
100 Miles or Less Distance: If the mom lives 100 miles or less from where the child primarily resides:
She has the right to have possession of the child on the first, third, and fifth weekends of each month. This possession starts from 6:00 p.m. on Friday and ends at 6:00 p.m. on Sunday.
Holidays: The (d) point introduces a section about holidays, but the specific terms regarding holidays are not provided in the excerpt. Typically, the Texas Family Code would have detailed provisions about how holidays are to be divided or rotated between the conservators.
If the parties consistently veer away from the standard order, it may make it more likely that the court will grant a modification of the order at a later date, should one party request it.
Please note, this is general information based on the provided excerpt from the Texas Family Code. For specific advice tailored to your situation, it is recommended that you consult with an attorney.
Elisa Reiter agrees with this answer
1 user found this answer helpful
It seems like the court order is establishing the terms of possession (visitation) of a child between the parents (referred to as "conservators") when they live within 100 miles of each other. Here's a breakdown of the sections:
1. The conservators are required to agree on specific times for the child's possession in advance. If they can't agree, the specified terms in the Modified Possession Order will apply.
2. When the mother lives within 100 miles of the child's primary residence, she is granted possession of the child during certain weekends:
- First, third, and fifth weekends of each month, starting from Friday at 6:00 p.m. to Sunday at 6:00 p.m.
3. The order may also have provisions regarding holidays and how they are unaffected by the distance between the parents.
1 user found this answer helpful
A: No. As the order says, if he doesn’t agree, you have possession of the child the first, third, and fifth weekends of each month.
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