I need some help clarifying some specific guidelines regarding my ex husbands weekend visitation schedule.

Asked almost 3 years ago - San Antonio, TX

My ex-husband has visitation with our daughter on the 1st, 3rd, and 5th of each month. Obviously each month does not always have 5 weekends but when it does then he gets the last weekend of that particular month and also the following weekend since it's the first weekend out of a new month. He just had his last visitation from Sept 30th-Oct.2nd which makes things a little confusing due to how the last day of Sept. was on the Friday he had her but also ran into the first weekend of October. He told me that he will also have her this upcoming weekend of Oct. 7th-9th claiming that last weekend was considered as his 5th weekend in Sept. and this upcoming weekend is considered the 1st weekend of the month even though that's not how the calendar reads. Please help!

Attorney answers (2)

  1. Michael David Wysocki

    Pro

    Contributor Level 8

    Answered . The standard language provides that the possessory parent has possession on the weekends following the first, third and fifth Friday of each month. When you look at the 2011 calendar, the fifith Friday in Septmeber was the 30th and the first Friday in October is the 7th. Therefore, so long as your order has the standard language, he would have both weekends.

    Hope this helps.

  2. Edgardo Rafael Baez

    Contributor Level 18

    Answered . On months that there are 5 weekends, your ex would be entitle to have the child and he would also have the child the following month's first weekend.

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