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Birthdays

Katy, TX |

My son's 15th birthday falls on a Saturday this year, and also falls on my allocated weekend. My ex husband usually has visitation with our son from 6 to 8pm on the day of his birthday when the birthday falls on weekdays, but if the birthday falls on one of my (or his for that matter) allocated weekends, what is the deal? Does my ex still has the 2 hour right of visitation with our son? I wanted to take my son away on his birthday weekend, but will not be able to do so, if I have to be at home to hand over my son for 2 hours on that Saturday. Unfortunately, due to his very jealous new wife, my ex husband and I have a very bitter relationship, and do not communicate, hence my question here on Avvo.com. Please advise as son as possible. Thanks.

PS. Trying to come to an agreement with my ex is out of the question right now so It's either yea or nay. The divorce decree does not specify the difference between weekdays or weekends birthday visitations. Just states that my ex husband and I have the right to visit with the child from 6 to 8pm on his birthday, depending on who has the child at the time. I assume this rule applies to 7 days a week, when it comes to birthdays?

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Attorney answers 3

Posted

The answer is - whatever party doesn't have the child his birthday weekend is entitled to the 6- 8 visitation. Sorry.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

Posted

Unless you've got some variation on the standard posseasion order (it doesn't sound like you do, but anything's possible), I think you're out of luck unless you can talk him into agreeing to it (sometimes offering to trade the next holiday or one of his choice works).

Section 153.314(d) of the Texas Family Code controls this, and says:
(4) the parent not otherwise entitled under this standard order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.

Posted

Your husband is still entitled to 2 hours of visitation on your son's birthday regardless of whether it is a weekday or weekend. It is unfortunate that you and your ex are not able to co-parent and communicate about your birthday plans in order to reach a compromise.

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