summer visitation interpretation

[glross]

hey all, I'm new here and had a question about court ordered summer visitation.  I'm the NCP BM.  Things are VERY strained between my ex and his wife and myself.  He and I have a son(12) and a daughter (9).  We've been divorced 5 years.  He's been remarried 4.5 years.

I have 1,3 and 5th weekends.  My divorce decree states that with notice to him by May 1 I can have 30 days during the summer in no more than 2 periods of posession of no less than 7 days each.  If I don't give him notice by May 1st I get the month of July.  
My question is this......IF I give him notice by May 1st, wouldn't you think that the time in July that I choose would NOT include the 3 weekends that I have them anyway?  In my mind if I say I want them 20 days in July and 10 in June than those weekends that I'm already scheduled (1,3,5) would not be included in those numbers.  Am I way off base?  I'm only trying to get the most time with them that I can.  If their dad spent more time with them than I wouldn't push so hard but the whole summer they will be stuck with their SM whom they can't stand.  Their dad works 7AM til 6:30 pm...... any input is appreciated.  If anyone knows anything that is "legally" correct I'd appreciate that info also.  Thanks!

[patton]

Sounds like Texas Standard family Code.

Mine states April 1st instead of May.  

Do you live over 100 miles apart?  The Texas Standard code has different critera if you are under 100 or over 100 miles.

If you read the order it says XX amount of consecutive days, which would include any of your 1,3,or 5th weekends.

Usually if you live less than a hundred miles the default is July 1 - 30, which just happens to fall on the 5th weekend this year, which will give the NCP a couple of extra days.

Usually if you live over a hundred miles the default is June 15 thru July 27 (which I think is odd, but then the NCP would get the child again the 5th weekend in July.)

I guess the answer to your questions is YES that your weekends are considered part of the consecutive visitation times.

Plus I'm assuming the custodial parent gets 1 weekend of their choice if over 100 miles.

If it's over 100 miles then the custodial parent IF he is the father will get three weekends this year as father's day falls within than June 15 - July 27th time and that supercedes any other part of the order, plus the two non-consecutive weekend he may have.

Hope this answered your question

[glross]

we live less than 100 miles apart.  yes, if I don't take some time in June then I go over 3 weeks without seeing them because of Fathers day.  Luckily my son's birthday is June 14th so I get 2 hours with them then.  Our paperwork states that I can claim those periods of posession anytime as long as it is after the last day of school and they have to be home 7 days before school starts next year.  

If he gives me notice by June 1 he can take a weekend from my long summer time with them. If he gives me notice by May 15 he can also take a weekend that is one of my standard 1,3,5 (as long as it's NOT part of my long summer visit)......We've always fought over every minute that I get with them and this year there are other "issues" at hand that promise to make it more stressful than usual.  It's a shame they can't just realize that the kids would rather spend the summer with me than with their SM.  oh well, may the games begin!  thanks for your help, that did clear somethings up!  any more advice or input?  all is welcomed!

[MixedBag]

Here's some guidance I received from the judge which I think might help you.

I get 6 weeks every summer.  In ADDITION, I get one weekend a month according to the order.  The guidance I received is that if the 6 weeks cover an entire month, then I "lose" the additional weekend during that month.  So, if my 6 weeks covers the entire month of July, I lose that "additional" weekend in July.

I can't tack on a weekend equivalent of days at the end of the 6 weeks nor do I get a different weekend to make up.

So, If the 30 days that you choose includes a weekend you normally have, I say that you lose that weekend and it can't be made up because the summer 30 days takes it's place.

Suggestion?  Hmmm....maybe make one period of possession start on Monday after your weekend and end on Friday before you weekend.  Then the weekend at the beginning and at the end makes it full.  That's using 12 days which leaves you with 18 to use during the second period.

Then start the second period of 18 days on a monday being careful NOT to choose a stretch of time where you would "lose" two weekends in a row (like the end of July 5th weekend and the first weekend in August).
This way you lose only one weekend instead of 2 or 3 if you used it all in one chunk.

I'm in a similar boat -- trying to make sure I get one weekend a month AND 6 weeks this summer -- and I will make it happen.

[glross]

thanks for the helpful hints!  I'll keep those in mind and stay glued to the calendar!