Question: Is there a difference between holiday and year-round access? The modified papers says my husband has three weekends in a five-weekend month and two weekends in a four-weekend month but he cannot have three consecutive weekends in a month in year-round access. His ex says that means never.
So even though he has Thanksgiving this year and the second half of Christmas break, she expects those holiday weekends to be his weekends. They have standard holidays in the final modification.
Answer: I must preface my answer that I am not licensed to practice law in Texas and because family law has governing law specific to each state, it would be to your benefit to contact a domestic litigation attorney in Texas. Cordell & Cordell maintains offices in Texas and licensed attorneys in those offices would be happy to discuss your situation in depth.
Is there language in the Order that addresses the issue of whether holiday time can or cannot supersede the normal visitation schedule? It sounds like the Order has the directive in it to specifically address an issue such as this, so that the non-custodial parent does not have three consecutive weekends of visitation because a holiday falls on what would usual be a non-visitation weekend. So instead of having the 1st and 3rd weekend in November and the 1st weekend in December, he would have the 1st and 4th weekend in November (for Thanksgiving), and still keep the 1st weekend in December the same.
Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.