(a) Definitions

1.    In this Possession Order "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

2.    In this Possession Order "child" includes SUZIE Q. SMITH, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

(b) Mutual Agreement or Specified Terms for Possession

IT IS ORDERED that the conservators shall have possession of SUZIE Q. SMITH at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of SUZIE Q. SMITH under the specified terms set out in this Standard Possession Order.

(c) Specific Periods of Possession

Except as otherwise explicitly provided in this Possession Order, when MOMMY SMITH shall have the right to possession of SUZIE Q. SMITH as follows:

1.   Weekdays - On Monday and Tuesday of each week during the school year from the time school starts on Monday morning until the time school starts on Wednesday morning.

2.    Weekend Possession - Every other weekend during the school year from the time school begins on Friday until the time school begins the following Monday. In the event that weekend periods of possession are interrupted by holiday periods of possession, then the alternating weekend periods shall begin following the holiday with the party that did not have possession of the child during the holiday period.

3.    Christmas Holidays in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26.

4.    Christmas Holidays in Odd-Numbered Years - In odd-numbered years, beginning at noon on December 26 and ending at 6:00 p.m. on the day before the child's school resumes after that Christmas school vacation.

5.    Thanksgiving in Odd-Numbered Years - In odd-numbered years, beginning at 6:00 a.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

6.    Spring Break in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

7.    Extended Summer Possession by MOMMY SMITH

MOMMY SMITH shall have possession of the child the day after the child's school is dismissed for the summer vacation and ending on the day before school resumes at the end of the summer vacation in that year, subject to the right of DADDY SMITH to exercise summer periods of possession as provided herein. These periods of possession shall begin and end at 6:00 p.m.

8.    Child's Birthday - If MOMMY SMITH is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, MOMMY SMITH shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that MOMMY SMITH picks up the child from DADDY SMITH's residence and returns the child to that same place.

9.    Mother's Day Weekend - Each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day.

Notwithstanding the weekend and weekday periods of possession ORDERED for MOMMY SMITH, it is explicitly ORDERED that DADDY SMITH shall have a superior right of possession of the child as follows:

1.    Weekdays - On Wednesday and Thursday of each week during the school year from the time school starts on Wednesday morning until the time school starts on Friday morning.

2.    Weekend Possession - Every other weekend during the school year from the time school begins on Friday until the time school begins the following Monday. In the event that weekend periods of possession are interrupted by holiday periods of possession, then the alternating weekend periods shall begin following the holiday with the party that did not have possession of the child during the holiday period.

3.    Christmas Holidays in Odd-Numbered Years - In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26.

4.    Christmas Holidays in Even-Numbered Years - In even-numbered years, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

5.    Thanksgiving in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the following Sunday.

6.    Spring Break in Odd-Numbered Years - In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

7.    Summer Weekend Possession by DADDY SMITH - If DADDY SMITH gives MOMMY SMITH written notice by April 15 of a year, DADDY SMITH shall have possession of the child for four weekends beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during the summer possession by MOMMY SMITH in that year, provided that DADDY SMITH picks up the child from MOMMY SMITH and returns the child to that same place. Said weekends shall coordinate with DADDY SMITH's days off work.

8.    Extended Summer Possession by DADDY SMITH - If DADDY SMITH gives MOMMY SMITH written notice by April 15 of a year or gives MOMMY SMITH fourteen days' written notice on or after April 16 of a year, DADDY SMITH may designate fourteen (14) days of uninterrupted possession during the summer beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than the day before school resumes at the end of the summer vacation.

9.    Child's Birthday - If DADDY SMITH is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, DADDY SMITH shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day.

(d) General Terms and Conditions Except as otherwise explicitly provided in this Possession Order, the terms and conditions of possession of the child that apply regardless are as follows:

1.    Surrender of Child by DADDY SMITH - DADDY SMITH is ORDERED to surrender the child to MOMMY SMITH at the beginning of each period of MOMMY SMITH's possession at the residence of DADDY SMITH or at the child's school.

2.    Surrender of Child by MOMMY SMITH - MOMMY SMITH is ORDERED to surrender the child to DADDY SMITH at the beginning of each period of DADDY SMITH's possession at the residence of MOMMY SMITH or at the child's school.

3.    Personal Effects - Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

4.    Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

5.    Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.

6.    Written Notice - Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due. This concludes the Possession Order. Duration. The periods of possession ordered above apply to SUZIE Q. SMITH the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

 

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