In June, we are in an interim period that allows my ex-wife to designate two uninterrupted weeks for visitation. The problem is she selected the two weeks that fall during our child’s birthday and Father’s Day. Am I stuck accepting these weeks or will I be able to see my kid for his birthday and Father’s Day?
Your questions are very common during this time of the year, and while I can provide you a general response to your questions, I would recommend that you have an attorney review your specific order to ensure that your rights and interests are best represented.
That said, in most orders, the specific language is typically codified into a boiler plate exchanges between parents on both of these specific dates. Priority as to which party is to have overriding possession during both of Father’s Day and a child’s birthday will be controlled by the terms included in your final decree of parenting divorce. Most typically a father will have the overriding schedule during the Father’s Day weekend by election or at the very minimum, a father will have the right to possession of the child during the actual day upon which the Father’s Day celebration is dated on any given year.
I suggest reviewing the specific language of your order to ensure exactly which version, if any, your specific final order contains. In Texas, typically, a father is entitled to possession of their children on the Friday beginning Father’s Day weekend lasting until the end of their typical weekend possession schedule. This time of possession is set out in most orders as the overriding interest, over and above any requested times from the opposing party.
Most orders also spell out exactly what periods of possession each non-possessory parent may have during a child’s birthday. For example, in Texas most orders contain a clause entitling the parent, not in possession of the child on the child’s birthday, to at least a minimum 2-hour window. Most orders are drafted in such a way so that the non-possessory parent may have both access and possession during the child’s actual birthday, even if it not their schedule period of possession. Depending on whether your order includes such specific and typical language will determine exactly what type of access you are entitled to during your son’s birthday. While it does seem likely that, based upon the facts you present for my consideration, you will be entitled to some type of possession and access to your son on these specific days, I would highly recommend reviewing your decree and seeking the advice of an attorney who has an opportunity to review the specific language contained in the final order of divorce articles.
Although I practice law in Texas, I cannot give you legal advice on divorce without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell, P.C. does represent clients in Texas. Thank you for submitting a question to Cordell & Cordell, P.C.
Samuel M. Sanchez an Associate Attorney in the Fort Worth, Texas, office of Cordell & Cordell P.C. where his primary practice is exclusively in the area of domestic relations. Mr. Sanchez is licensed in the state of Texas where he is a certified mediator, interview/interrogation specialist, and is appointed by Gov. Perry to the Board of Regents for Midwestern University. Mr. Sanchez received his Bachelor of Arts from Texas Tech University, and received his Juris Doctor from Wesleyan Law School in Fort Worth, Texas.