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With the official start of summer upon us, it’s the perfect time to dive into the often misunderstood topic of summer visitation in Texas for divorced parents. As children wrap up the school year and look forward to fun-filled days of swimming pools and late nights, divorced parents must navigate the challenges of coordinating summer visitation, which can sometimes be a tricky and stressful process.
How their parents handle themselves can have a tremendous effect on whether the kids’ summer is an enjoyable one or not. Let’s discuss how summer visitation works in Texas.
Standard Possession Order Summer Visitation
The primary factor determining a parent’s summer visitation days with their child is the distance between their residences. For a parent living over 100 miles from the child, typical Thursday visits during the school year are not feasible. This difference stems from the logistical challenge of a 200-mile round trip every Thursday.
During the summer months, these Thursday visitations are typically discontinued, reflecting the need for practical arrangements. For weekend visitation, the parent’s pickup time on Friday might change from after-school dismissal to 6:00 p.m. This adjustment means the child now returns to the other parent’s home at 6:00 p.m. on Sunday instead of going back to school on Monday morning. This shift often leads to the loss of an overnight visit every other week, a change not always welcomed by divorced parents.
However, variations exist, and it’s crucial for divorced parents to consult their Final Decree of Divorce. This document will provide the specific details and guidelines relevant to their unique situation, ensuring clarity and compliance with the agreed-upon terms.
Extended Periods of Summer Visitation Under a Standard Possession Order
April 1ST
The other big change in the summer under a Standard Possession Order in Texas must do with extended periods of possession. If you are the parent with whom the child does not reside primarily you know that by April 1st of each year, it is your responsibility to communicate in writing your intention to take advantage of a 30-day period of extended summertime visitation.
If you fail to send in the requisite notice your Divorce Decree provides that your default period of possession of your child will be from July 1st to July 30th.
April 15TH
If you’re the primary residential parent, you have two choices for summer visitation. By April 15th, you must select a weekend during the other parent’s extended visitation period.
Additionally, you can choose a regular 1st, 3rd, or 5th weekend outside the extended summer period. This decision should be made by April 15th or with at least two weeks’ notice. This allows the primary parent an uninterrupted period, ideal for short vacations or activities with the children.
When Does the Summertime Visitation Period Stop?
Under a standard possession order, parents must complete visitation periods two Sundays before the Fall semester of school begins. Recognizing that children are creatures of habit, the State legislature aims to help them reestablish a routine by allowing a week to adjust to early bedtimes and wake-up times.
A Note on Father’s Day
Father’s Day is treated the same way as Mother’s Day, the only difference is that Father’s Day falls during the summer while Mother’s Day falls during the school year. Father’s Day weekend trumps any other weekend plans or selections of the mother. Dad will always get to see his child on Father’s Day weekend.
Providing Notice of Your Summer Visitation Intentions
As parents, you are relying on the other parent to provide notice during the April 1 to April 15 time period of when your ex-spouse intends to take advantage of their allotted summertime possession opportunities.
Both parents must receive timely notice to prepare for their time during a significant period.
Each parent should review their Final Decree of Divorce to understand their court orders. Parents need to determine whether to provide notice in writing via email, text message, or a co-parenting website like Our Family Wizard.
Know well in advance what your decree requires and you can save yourself a lot of trouble. What sort of trouble, you may be asking? Read on to find out.
Consequences for Failing to Abide by Your Divorce Decree
Not following your divorce decree could lead to court for an enforcement suit by your ex-spouse. An enforcement suit helps your ex-spouse ensure you comply with the decree’s terms.
For instance, if your ex-spouse properly notifies you about seeing your child during your extended visitation, you must comply. Failing to do so, like withholding the child, could result in an enforcement suit against you.
In conclusion, summer visitation in Texas presents unique challenges for divorced parents, but with clear communication and proper planning, it can be a smooth and positive experience for everyone involved. By understanding the legal framework, respecting each other’s time, and focusing on the best interests of the children, parents can create a summer schedule that benefits both families. Remember, seeking professional legal guidance can help ensure that visitation agreements are fair, enforceable, and in the best interest of your children.
The Law Office of Bryan Fagan, PLLC is here to help with Summer Visitation Questions
If you have a question regarding the time you can see your child in the summer, or if your ex-spouse has not complied with your divorce decree regarding summer visitation do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our Houston divorce attorneys are ready and able to assist you and your family in addressing these issues directly.
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Other Articles you may be interested in:
- Possession and Access Schedules- Impacts on Weekend Visitation and Custody in Texas
- Spring Is Here! Do You Have Questions About Holiday Possession After Your Texas Divorce?
- The Impact of Juneteenth (and Other Federal Holidays) on Possession and Visitation Schedules
- 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
- Texas Parental Visitation – Texas Standard Possession Orders in Harris and Montgomery County, Texas – Part 1
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with a 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 the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
