Expanded Standard Possession question....

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Expanded Standard Possession question....

Postby DaddyBall » Thu Jul 05, 2012 11:51 am

Texas Expanded Standard...

Per decree, bio gets 1 weekend during my 30 days and 1 weekend outside my 30 days during the summer.

She has chose to take the last weekend, which is the last 2 days, of my 30 day possession.

Do I have to be home for her to pick up kiddo?

Or can I be on vacation at a different location, knowing she can still pick kiddo up wherever we are at?

The decree doesn't address this as far as I have been able to tell.
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Re: Expanded Standard Possession question....

Postby Thoughts? » Thu Jul 05, 2012 12:18 pm

Believe the boilerplate statute wording in TX states that she shall retrieve the children & return them "from their location" or some neutral wording, instead of "from your residence" or "school." I believe this nuance in the wording was put in there exactly for this very reason. However, if one were to, say, drive out of town to make it more difficult for her to do the pickup, I ahve also seen that wording pulled out & made to a specific location.

Hope this helps, but deep dive in your wording for that nuance or something like it.
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Re: Expanded Standard Possession question....

Postby jumbledone » Thu Jul 05, 2012 12:24 pm

Maybe off topic a bit, but I would have an issue if Dad had made plans already and paid for a vacation, after a while waiting for NJ to make up her mind on what weekend. So, really, was this a last minute declaration of what weekend she was picking? Or is this a last minute out of town vacation planned by you?

I get the feeling one or both of you are acting out of spite and/or malice.
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Re: Expanded Standard Possession question....

Postby KeepingMyKids » Thu Jul 05, 2012 2:01 pm

I'm trying to remember that for her to exercise those two days she has to inform you before a certain date WELL in advance, like middle of April. I'll dig out my decree and see what the boilerplate wording is on that.
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Re: Expanded Standard Possession question....

Postby KeepingMyKids » Thu Jul 05, 2012 2:08 pm

capslock wrote:CP has to notify NCP by April 16 for the 2 days within NCP's extended summer vacation...otherwise, cusptodial parent does not get those 2 days.

The OTHER 2 days CP gets which are outside NCP's extended summer < parenting time > only need a 2 week notice.


+1 Just found it in my papers, April 15th. Which sucks for me because I completely forgot about it until too late.
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Re: Expanded Standard Possession question....

Postby DaddyBall » Thu Jul 05, 2012 3:51 pm

KeepingMyKids wrote:I'm trying to remember that for her to exercise those two days she has to inform you before a certain date WELL in advance, like middle of April. I'll dig out my decree and see what the boilerplate wording is on that.


This is correct.

In my case, I declared my time...on time. Chosing the dates for for a specific reason.

She chose her dates on time as well. Unfortunately for me it conflicted with what I had planned long ago.

I'm just wondering if I have to be home for her to pick him up, or can I be where I had planned on being.

We do not communicate well. So it's not a situation where I could have called her prior explaining the situation.

Nor will any conversation about this particular issue help in the immediate situation.

Simply, I just want to do what the decree allows and not deal with her BS.
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Re: Expanded Standard Possession question....

Postby Thoughts? » Thu Jul 05, 2012 11:52 pm


Maybe off topic a bit, but I would have an issue if Dad had made plans already and paid for a vacation, after a while waiting for NJ to make up her mind on what weekend. So, really, was this a last minute declaration of what weekend she was picking? Or is this a last minute out of town vacation planned by you?

I get the feeling one or both of you are acting out of spite and/or malice.



Re-read my original post. He does not need this added drama. She picks the kids up from him. If he had vacation plans made, she goes to his location. From current statutes 153.312:


(3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and



If he doesn't, he doesn't. Those word nuances were put in there for exactly this reason -- his buying tickets or travelling long distance, and her insisting on time out of spite. If she does so to disrupt his complex or expensive plans, she has to fly there to do so. It is a dis-incentive to play games.
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Re: Expanded Standard Possession question....

Postby Thoughts? » Fri Jul 06, 2012 9:46 pm

So "bite the weenie" caps? You've just added to board lexicon!
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