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

Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the CP's summer possession. For example, CP might designate July 19-21 as his/her summer possession.

There are no relevant summer holidays this year that impact possession other than Father's Day. Emancipation Day fell on a Wednesday, Independence Day fell on a Thursday, and LBJ Day falls on a Thursday, so the NCP's weekend periods of possession would not be extended because of any of these holidays occurring on a Monday or on a Friday.

Notwithstanding anything else, under the typical possession schedule, the Father gets Father's Day weekend which this year was June 14-16, just like the Mother gets Mother's Day weekend.

John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: For clarity, under the typical possession order, if CP timely designated July 19-21 as his/her summer possession, NCP would have weekend possession July 5-7 (the first weekend of July), and then would have possession of the child next August 2-4 (the first weekend of August).

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