Across southeast Texas, schools are getting closer to completing the Spring Semester and with that three months of vacation time is quickly for students. While just about all parents are concerned with what their kids are going to do to fill the time they would ordinarily spend in the classroom, parents who are divorced will typically be concerned with when they actually get to spend time with their kids as well.
This is especially true for those parents who are the possessory parent, i.e., the one with whom the child(ren) do not primarily reside with. The summer months are seen as an opportunity for this parent to have a chance to experience some extended time with the kids. This blog post will detail some specific information both parents will need to know as summer approaches.
Summer Visitation – Parents Within 100 Miles or Over 100 Miles from Each Other
The Texas Family Code draws a distinction between:
- parents who live within 100 miles of one another and
- parents who live more than 100 miles from one another.
In this scenario, the possessory conservator will give the managing conservator written notice by April 1st which states the extended period or periods of summer possession (totaling 30 days) that the possessory conservator is requesting for the upcoming summer months.
Beginning and Ending
That period of possession can begin no earlier than the day after summer vacation begins and shall end no later than seven days prior to the beginning of the new school year.
The possessory conservator may exercise their periods of possession in no more than two separate periods of at least seven consecutive days each. Further, each period of possession shall begin and end at 6:00 p.m. on whichever days he or she chooses.
April 1st Notice Requirement
If the possessory conservator does not give the managing conservator written notice by April 1st of that year which specifies the extended period or periods of possession he or she would like to take advantage of during summer vacation, they are automatically granted time with their child(ren) for thirty consecutive days beginning on July 1 at 6:00 p.m. and ending on July 31 at 6:00 p.m.
As far as the managing conservator is concerned, that parent shall have possession of the child(ren) on any one weekend beginning Friday at 6:00 p.m. and ending on the following Sunday at 6:00 p.m. during any one period of possession by the other parent.
The caveat to this rule is that the managing conservator must give written notice by April 15th to the possessory conservator of their intention to take advantage of this weekend. Unlike the drop off/pick up rules for the rest of the year, the summer time sees the managing conservator be responsible for transportation purposes in this scenario.
April 15Th Notice Requirement
Additionally, if the managing conservator provides the possessory conservator written notice by April 15th or provides the possessory conservator 14 days’ written notice on or after April 16th, the managing conservator has the ability to designate one weekend beginning no earlier than the day after summer vacation begins and no later than seven days prior to the school year beginning in the Fall, during which time an otherwise scheduled weekend period of possession by the possessory conservator will not take place.
This is provided that the weekend that the managing conservator designates does not interfere with the possessory conservator’s period or periods of possession of extended summertime possession or Father’s Day weekend (if the father is also the possessory conservator).
Parents May Deviate from Standard Visitation if they Can Agree
The above schedules may seem rigid and fairly tedious to those who have never laid eyes on them or lived through them. Parents in Texas are expected by law to both play a large role in their children’s lives even after a Texas divorce is finalized. While the above run-down of visitation during the summer months is the reality for many parents across our State, it is not mandatory for parents to have this language run their lives each summer.
What can happen, and what each family law court across this State would prefer happens, is the parents coming together to agree on a plan for visitation that works best for them and their children. This is opposed to shoe horning their lives around what the State has as a “fall bac” option for Summertime visits with Mom and Dad. Parents and their attorneys have the opportunity to get very creative with how the summer days can be spent for the children splitting time between the parents’ homes.
While the summer is intended to be a time of relaxation for children, when Mom and Dad are not seeing eye to eye it can be a time of stress and anxiety for even young children. When going through the Texas divorce process it is in everyone’s best interests to remember that ultimately what is best for the children is what’s best for the parents.
The attorneys with the Law Office of Bryan Fagan are advocates for parents going through divorce but are empathetic towards and understand the importance of the happiness and wellbeing of the children of the divorcing spouses. The best way to learn more about our office and how we can assist you is to contact us today for a consultation- free of charge.
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Other Articles you may be interested in:
- How does summer visitation work?
- 10 Quick Tips About Parental Visitation
- When Your Child's Extended Family Wants Visitation in Texas
- Supervised Visitation in a Texas Divorce: Can it happen to me?
- Grandparent Visitation Rights in Texas?
- In Texas are Child Support and Visitation Connected?
- Texas Child Visitation Modification
- Geographic Restrictions in Child Visitation Orders in Texas
- Does my 18 year old child still have to go with their other parent on the weekend for court ordered visitation in Texas?
- Texas Parental Visitation - Texas Standard Possession Orders in Harris and Montgomery County, Texas - Part 1
Law Office of Bryan Fagan | Spring Divorce Lawyer
The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.