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"We have 50/50 Custody but in our agreed final order, no summer possession schedule was appointed? What is there to do?
Anonymous5 views6 answers
Dad and I have 50/50 custody. The agreed final order does not state anything about summer possesion for him only that any undesginated periods, I(the Mother) shall remain in possesion of our child. Can he still have his one month of vacation with his daughter? We alternate weeks. Or does he get to have her every other week even after school has been dismisssed for the summer vacation?
Gina Louise GilstrapFamily Law AttorneyHouston, TX ·
If the order says one week with you and one week with him then that is what you have to do IF you can't agree to other terms. If you want to switch a couple of weeks so that you both have extended time during the summer then you can agree to do that.
If you are worried that you can't come to an agreement and want to make enforceable changes then you should get an attorney to file a modification and make those changes.
At this point, you should probably get an attorney to go over the order with you and explain it in detail.
The parents get whatever the parties agree to, and failing that whatever the order provides. There is no one month summer visitation absent agreement of the parties or a provision in their order. If you want to change the order hire an attorney and file a petition to modify.
You and he can agree on anything you want to do. However,Mir won't be enforceable if one of you doesn't honor the agreement. Only the order is enforceable. Take it to a lawyer and get it reviewed if you have specific questions
Your conservatorship order covers each parent's possession periods. If it does not provide a possession period, it appears that the mother has the superior right of possession. If it is a true 50-50 possession or custody order, then it would account for every day of time by definition. If either of you want to address summer, one of you needs to file a petition to modify the court order. You should consult an attorney and take the order to the attorney to review. Good luck.
It is not uncommon for 50/50 possession orders to make no special provisions for summer possession, since the parents are already sharing equal time with the children. If extended possession is granted for the summer, such a schedule would likely provide for only an additional seven days (or perhaps fourteen days) of possession for each party so that they may take a vacation with the children.
However, when the regular schedule provides for each parent to have an undisturbed seven days with the child, it is often assumed that that period is sufficient for vacation time with the children. Unless the order specifies some other schedule for the summer, the 50/50 possession order continues throughout both the summer and the school year.
If you would like to have an additional period of vacation time provided for, the two of you can agree to grant each other additional time in the summer either informally or by modifying the order through the court to reflect that additional time.
On the other hand, if you do not want to agree to additional visitation and your ex is pushing for it, you do have the right to enforce the current order. In order to do so, you may need to file a Motion for Enforcement of the possession order. If that becomes necessary, I suggest that you consult an attorney.
