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Is Spring Break considered a school holiday ? My divorce decree has wording in it that is not exactly specific . Please help !

Houston, TX |
Filed under: Child custody

The wording on my decree is : If the school in which the child is enrolled has a holiday or in - service day and ABC is working that day , ABC shall offer XYLEM the right to possession of the children on that day . On those occasions , XYLEM shall pick up the child at the time ABC leaves for work and shall return the child to ABC when she returns home from work . My ex and I have had HUGE issues in the very recent past . He and his wife fight during every visit our boys have and his wife is an alcoholic / drug addict and brings much chaos to their household . My boys do not feel safe there and I do not want to give him possession during their spring break next week due to this conflict . Spring Break is not a legal holiday . . would this be one of the occasions I HAVE to offer our boys up to him ?

Attorney Answers 3

Posted

Sounds like it is time for a modification. I would look on this website and hire an attorney to assist you in this matter.

This website is not the place to even attempt to try to address the complex questions that you are asking. Your question "screams" for a modification -- your kids do not feel safe, there are alcohol issues, drug issues & chaos in their household. The only suggestion that I can give is go meet with a tough, smart family law attorney in person as soon as possible & follow their advice.

Good luck!

Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

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2 lawyers agree

Posted

I really cannot answer without the whole document. Take your dvorce papers in for a consultation with a family law or divorce lawyer. Your matter is too complex for the Q&A forum.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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1 comment

Peggy M. Raddatz

Peggy M. Raddatz

Posted

you might even want to consider an Order of Protection for the children

Posted

If you believe this woman is an alcoholic/drug user and you have some evidence to back you up, you should petition to modify custody/visitation. If your children are in danger of physical violence you can do an emergency petition to change custody/visitation immediately. You need to meet with a family law attorney in your area to determine what kind of case you have and proceed accordingly.

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