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I have a standard visitation possession
from my divorce last summer he forfeited
All rights to have the kids and did not
see them at all this summer he’s taking
them in July but in June do I still have
to show up for his Thursdays and his 1st
3rd and 5th weekend of the month? Or can
I go on vacation with my kids? I cannot
get in trouble we are meeting at the
police station because he decided to be
violent and I have two years of self
probation so I cannot mess up the order
at all or I get to spend two years in
jail he continues to try to find ways to
put me in jail I just need to know if it
is okay to keep my kids all June without
having to take them to visit him

Asked on May 23, 2018 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, if you have standard visitation schedule, then his visitation periods would only involved the weekends associated with the first, third, and fifth Friday of each month.  Under the standard models, Thursdays usually go away during the summer.  So double check your decree...a standard model usually reads "Thursdays:  during the regular school term, ......".  This means that he only gets Thursdays during the school year.  If you and he modified this provision, this language will be omitted and he will continue to have Thursdays during the summer.
With that in mind....If he does not tell you otherwise, then yes, you have to show up at the police station on the first, third, and fifth Friday of each month.  If he is a no-show, then you can take the kids and do whatever you would like with them as his period of possession will be considered forfeited.  Some judges say it's okay to wait 15 minutes, others say 30 minutes without a phone call, before you just leave with the kids. If he is a no-show, then go inside and let the officer know that you are there for an exchange and have them write the date and time on one of their business cards as proof you were there.  If they do not feel comfortable doing this, then take a picture of the station with your phone in a way that shows the time and date stamp.  Basically CYA. 
If he tells you, in writing (i.e. in text, email, or some other printable form) that he is not going to exercise weekend visitation, then you do not have to appear.  If you get this in writing, print it off and same copies on your computer and a flash drive (as a backup).
On days that are not designated for your ex-, you can take the kids on a vacation.  To maximize your time, pick the day after a return (i.e. Monday), and continue till the day before his next period of possession is set.  (i.e. a Thursday)  That will give you over ten days of vacation time to do something fun with your children. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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