QUESTION
Can I still exercise my summer visitation rights even though my 3 year is enrolled in full time preschool?
Asked on Mar 03rd, 2020 on Child Custody - Texas
More details to this question:
My ex and I have a custody agreement that states that once our daughter turns 3, I will have standard possession and visitation, which includes a 30 day period in the summer. My ex previously tried to deny this visitation, citing that the order states that the visit shall take place during summer vacation from school, which she is not enrolled in, therefore never has a “vacation”. We cited that the definition of “school” in our order clearly states that if the child is NOT enrolled in school, that the order follows the school districts schedule, and therefore the visit would be void. My question is, if my ex were to enroll our daughter in a full time, year round preschool program, NOT a Pre-K program with the school district, our daughter will barely be 3 at the time, would that again void my visit since she is in “school”, but the school is full time and doesn’t break for summer?
1 ANSWER
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Whether daycare qualifies as "school" will be determined by the specific language of your order. Assuming that the order does not define daycare as school, the fact that your daughter is enrolled in daycare should not affect your summer possession (or, indeed, any other period of possessession). To enforce the provisions of your order, you may need to file a writ of habeas corpus or a motion to enforce.
Answered on Mar 04th, 2020 at 8:20 AM