Summer brings a unique set of challenges and opportunities for parents sharing custody in Texas. The state’s family law system provides clear guidelines for summer possession-often called summer visitation-to ensure both parents have meaningful time with their children during the school break. Here’s what you need to know about how summer possession schedules work in Texas.
What Is the Standard Summer Possession Schedule?
Texas uses a Standard Possession Order (SPO) as a default guideline for child custody and visitation, unless parents agree otherwise or the court orders a different arrangement. Under the SPO, the parent who does not have the majority of time with the child during the school year is entitled to an extended period of possession during the summer:
- 30 days of extended summer possession: By default, this runs from 6 p.m. on July 1 to 6 p.m. on July 31.
- Option to split the period: This parent can split the 30 days into two separate periods, each lasting at least seven consecutive days, as long as written notice is provided to the other parent by April 1.
- Notice requirement: If a parent wants to select different dates or split the time, they must notify the other parent in writing by April 1. If no notice is given, the default July 1–31 period applies.
- Flexibility: Parents can agree to different arrangements if they both consent, as long as it does not conflict with the child’s best interests.
Additional Summer Visitation Rights
- Regular weekend and weekday visits: The parent who has less time during the school year typically continues their usual first, third, and fifth weekend visits, as well as Thursday evening visits, during the summer-unless these overlap with the extended summer possession period.
- Other parent’s summer weekends: The parent who has more time during the school year can usually designate one weekend during the other parent’s extended summer period to have the child return to them.
- Holiday exceptions: Summer possession must not interfere with Father’s Day or other designated holidays.
Special Considerations
- Distance between parents: If parents live more than 100 miles apart, the summer possession period may be extended to 42 days, and the schedule for weekend visits may differ.
- Transportation and logistics: Court orders often specify how the child will be transported between homes and how travel costs will be divided.
- No court order or agreement: If parents don’t have a court order and can’t agree on a summer schedule, it’s advisable to consult a family law attorney to formalize arrangements and avoid future disputes.
Tips for Navigating Summer Possession
- Plan ahead: Review your custody order early and communicate with the other parent before the April 1 deadline to avoid misunderstandings.
- Keep records: Provide written notice of your chosen dates and keep copies for your records.
- Be flexible: While the SPO provides a framework, flexibility and cooperation can help ensure the summer is enjoyable for both parents and children.
- Focus on the child’s best interests: The primary goal of summer possession is to foster meaningful relationships and create positive memories for your child.
Summer possession schedules in Texas are designed to balance the needs of both parents and, most importantly, the well-being of the child. By understanding the rules and planning ahead, families can make the most of their summer together. If you and your spouse custody guidance prior to school being let out for the year, give us a call at Grinke Stewart Law at (469) 598-2001.
