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The order controls 100%. Summer visitation for custodial parent - request for non-visitation during weekend I have submitted my request before April 15th requesting a weekend in my ex husband's summer visitation time during July. If it is not in the order, then it does not exist. For example, if the parent is instructed in the visitation order to pick up the child at a specific time, and he or she is always late causing emotional distress to the child and inconvenience to the custodial parent, a letter can be sent to the court to have the visitation rules changed or to inform the court that the rules are not being followed. The same general provisions apply. In this article, we will discuss what steps need to be taken in order to enforce your Texas visitation order. The custodial parent gives the non-custodial parent written notice by April 15 of each year. Try to reason with your ex by explaining your desire to keep seeing your children regularly and laying out your financial limitations. In the event that a non-custodial parent is unable to exercise visitation on a given occasion, he or she must notify the custodial parent at the earliest possible opportunity. If you give the visiting parent notice by April 15th you can designate one weekend inside their thirty day period of extended summer … Dear (parent in possession): This letter is to inform you that I will exercise my rights to access and possession of our child(ren) as set forth in the court order from the (district or county court number) for (name of county) County, Texas, signed the _____ day of _____. The non-custodial parent must give written notice to the custodial parent by April 1 if they want to specify an extended period(s) of summer possession. If Parent 1 resides over 100 miles from the child, Parent 1 has 45 days during the summer break. One of the biggest reasons people seek out our help in a divorce or custody case is there are children involved. One scenario that we hear frequently is that a parent will go to pick up the children and the other parent will refuse to release the children, then law enforcement is called. Custodial parent (parent with custody or CP): For the custodial parent, you have certain times set out for you for summer visitation in Texas as well. If Parent 1 fails to designate by April 1st, the default time period is from 6:00 p.m. on June 15th until 6:00 p.m. on July 27th. Parents with questions on this point should seek the advice and assistance of an attorney. Parent 2 must pick up the child from Parent 1 and return the child to that same place. Non-custodial parents often still have rights to see and spend time with their children. In most cases, child support ends when the child turns 18 years of age. DATE: Name of parent in possession Address City, State, ZIP Re: Notice of Child Access of Possession. Each year, _____[Parent 1 or Parent 2] shall have visitation during the child's school summer vacation, for a period of _____ weeks. Access. If the parent does not choose a schedule for summer before April 1, then their possession defaults to July 1 to July 31 for the summer. Even though the visitation schedule may be fair, there are times when one parent or the other may not comply. Some states protect the non-custodial parent's right to maintain an ongoing relationship with their children, while other states protect the custodial parent's right to relocate for employment or family reasons. I am not sure what your order has in it, but in a Texas Standard Possession order, there is not additional time if the custodial parent uses their weekend inside the extended summer possession of the non-custodial parent. 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