A Divorced Parent’s Guide to Summer Visitation in Texas
If you’re a parent who just got a
divorce finalized at the end of this school year you’ve probably been acclimating
yourself to a different schedule than you’ve become accustomed to
as far as
summertime with your child. Whether you are the parent with whom your child resides with primarily
or you’re the parent who has visitation throughout the year life
as a divorced parent is different than life as you knew it.
Some divorce decrees have detailed visitation guidelines when it comes
to the summer. Others follow the
Standard Possession Order (SPO) based on the
Texas Family Code. Either way it can be difficult to remember, understand and plan for a
summer when you’re not exactly clear on when you are supposed to
have your child and for how long.
Law Office of Bryan Fagan would like to walk with you through some of the essential pieces of information
necessary to take advantage of and enjoy the time you are allotted during
the summer with your child. Part of that enjoyment is not upsetting the
balance that you must now share with your ex-spouse in terms of dividing
the summer up between both of you.
Texas Standard Possession Order
Most divorced families follow pretty closely the Texas Standard Possession
Order. Within this Order there are certain notice requirements that must
be followed in order to take full advantage of the time you are allowed to be in
possession of your child. To begin with the “non primary” parent has
the choice to choose a thirty day period during the summer to be theirs
continuously if they provide written notice to the primary parent by April 1st. It is allowable to break up the thirty days into two parts.
If you have a
divorce decree, you can look the section detailing summer visitation and see what date
you are required to provide notice if you are the non primary parent.
The majority of divorce decrees in Texas will utilize April 1st as the deadline. If you do not provide written notice of your intention
to take advantage of the thirty days then by default you are provided
possession of your child for the month of July.
April 15th is also a key date for divorced parents to put in their calendars each
year. This is the date that the primary parent must provide written notice
to the non primary parent regarding their intention to take advantage
of one weekend during the non primary parent’s thirty day period
of possession. The reason why the primary parent is given this ability
is that thirty days is a long time for a child to be away from one of
their parents. This way, theoretically, the primary parent wouldn’t
have to go any longer than two weeks without seeing their child.
Extended Summer Possession for a Primary Parent
If you are the parent with whom the child lives primarily during the school
year do not worry that you will not be able to have an opportunity to
take a vacation with your child. The key to know when this period of possession
is likely to fall is if the non primary parent provides the written notice
by April 1st designating their chosen period of possession. If he or she does not provide
notice by this date and is defaulted into possession of the child in July,
it is likely that the primary parent’s period of possession would
take place during the first couple weeks in either June or August. This
is because the primary parent has the ability to choose one weekend that
falls outside of the non primary parent’s period of possession to
have the child.
What about Father’s Day?
Father’s Day Weekend, almost without exception, goes to the father after a divorce. As alluded
to earlier in this blog post this Weekend comes in addition to the time
a father is allotted under a Standard Possession Order, regardless if
he is the primary or non primary parent of the child. It is considered
a holiday which takes precedence over other periods of possession as a result.
What if my ex spouse denies me possession of my child during the summer?
If you have thoroughly reviewed your divorce decree, provided the requisite
notice to your ex spouse stating the periods of possession you have chosen
to take advantage of and are still denied the ability to see your child
when the time comes you have the option to pursue an enforcement case
against your former spouse. An enforcement is a remedy available to parents
if the other parent violates a provision in an order. While it is understandable
to an extent if a person misapplies or misunderstands a portion of a divorce
decree, it is not an excuse to violate an order.
If this scenario fits your life, you should consider hiring an attorney
to file the
enforcement for you. The reason being is that an enforcement is a very specific kind
of legal suit that has certain requirements that must be met in your court
documents. If the documents fail to state a violation in a particular
way, or is too aggressive in its request for relief then your suit can
be denied by a judge. Penalties for violating a court’s order includeattorney’s fees,
court costs and the possibility of jail time.
The Law Office of Bryan Fagan- Client Oriented, Results Driven Family Law Attorneys
If you have any additional questions about how summertime visitation works
after a divorce is finalized, or if you have missed time with your child
this past summer because the other parent violated the court’s order, please
Law Office of Bryan Fagan. Our attorneys and staff understand the issues that you are facing and
will work tirelessly to ensure that our resources and knowledge are utilized
in the best manner possible to benefit you and your family. A consultation
with our office is always free of charge and our attorneys are available
to meet with you six days per week