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g8orgrrrl

g8orgrrrl

Brain (2,330)

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Submitted 120 days ago...

clcooper84

clcooper84

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Does the non custodial parent get the child during school vacations even if he is not of school age?

In my custody papers it states that my sons father will get him for Thanksgiving holiday for while he is out of school. But he is not in school. He is only 2. If my papers say nothing about him not being school age, does he still get him for "thanksgiving holiday" for a week even though there is no particular holiday? Or does he only get him starting at Thanksgiving through the weekend? We are in Texas.

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Answer 1 / 1 - Submitted 120 days ago...

g8orgrrrl

g8orgrrrl

Brain (2,330)

Here is the document where you should be able to find your answer.
http://www.texasfamilylawyers.com/articles/updated2003custodyoverview. pdf

If you can't get your answer there, try this site where you can access free custody advice
http://family-law.freeadvice.com/child_custody/

I believe that the Texas Family Code with regard to the visitation and the standard possession schedule is for children over 3 and does not apply to children under 3, though it can be used. Since your son is only 2, you and his father are free to come to an agreement about what is in the best interest of your son.
http://www.legalhelpinntx.com/law_office/faq/visitation-under3.html

Hope this helps. Blessings to you and the family.

 

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Submitted 120 days ago...

clcooper84

clcooper84

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Thank you. I thought so. My best friend is an attorney but an insurance attorney and she checked on it too with some of her family law attorneys that are friends and they stated the same thing and that the judge should have put an order into place for him being under 3 but since he didn't that we would have to come to an agreement or the parent that gets the child for that holiday would only get them for that holiday day. So thank you. Since this was a second opinion and it was the same, I will go with this. Thank you

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