Summer Visitation Questions?

[patton]

My court order reads as follows:

Notwithstanding the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Sole Managing Conservator shall have a superior right of possession of the child as follows:

Summer Weekend Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 PM on Friday and ending at 6:00 PM on the following Sunday during any one period of possession by Possessory Conservator during Possessory Conservator's extended summer visitation in that year, provided that if a period of possession by Possessory Conservator in that year exceeds thirty days, Sole Managing Conservator may have possession of child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Sole Managing Conservator picks up the child from Possessory Conservator and returns child to that same place.

Extended Summer Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which Possessory Conservator shall not have possession of the child, provided that the period or periods of extended summer possession.

Father's Day Weekend – Each year beginning at 6:00 pm on the Friday preceding Father's Day and ending at 6:00 pm on Father's Day, provided that if Sole Managing Conservator is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Possessory Conservator's residence and return the child to the same place.

Now stating all the above my questions are:

1. If non-custodial parent does not contact me before April 1, 2004 per the court order the non-custodial parent gets the child June 15, 2004 through July 27, 2004. So do I get the child on the following?

a. Father's Day weekend June 18, 19 and 20th? This being my Father's Day weekend.

b. July 2, 3, and 4th and July 16, 17, 18th these two weekends being my two non-consecutive weekends?


2.Can I also request extended vacation as follows even though this falls on the 1st standard weekend visitation for the time in May/June and the 5th and 1st weekends of July/August

a. May 31 through June 5, 2004 (7 days consecutive)?

b. July 30 through August 12, 2004 (14 days consecutive) without visitation interruption, so I can take son on two-week vacation before school starts?






patton

[socrateaser]

Sorry, I have zero experience with these "conservator" designations. Who is the CP and who is the NCP in your order?

[patton]

I am the father the CP (sole conservator),
the mother is is the NCP (possessory conservator).

[socrateaser]

OK, well the order also states that the CP must contact the NCP by April 15, vs. your question which states "...if the NCP doesn't contact me by April 1".

Please clarify.

[patton]

If the NCP does not contact me by April 1st, that visitation automatically defaults to June 15 thru July 27.

The way the order is written the NCP can ask for split or different times for example if NCP wanted child from June 1-15 and then July 1-27, they could split the summer visitation to accomodate vacations etc.

If the CP wanted that time in June from June 1-15, then the CP would have the priority to take that time and inform the NCP that they could not have that time, that's so the child could enjoy vacations with each parent.

I hope that explains the reason the order was written that way.