Summertime usually means days full of sunshine, vacations, pool parties and no school. But what does this mean for co-parenting families? It depends upon your final order, but in Texas, this often means that one parent has a standard possession schedule and will exercise summer possession per the schedule that is outlined in the Texas Family Code.
Below is a basic overview of summer possession for families operating under this type of order. Always consult your individual order as it will govern the schedule for your family.
What is a Standard Possession Order?
Child custody orders can vary significantly, so it’s important to look at the details of your specific order. For this conversation, a Standard Possession Order is the default child custody order according to the Texas Family Code. Much like a traditional calendar used in daily life, it contains a detailed possession schedule of who has access to the children, when, and for how long. That schedule includes details for summer.
An extended summer possession schedule is designed to account for the time when the children are on summer break. As a result, possessory conservators can have the children stay with them for longer periods of time than they typical exercise during the school year.
How does a possessory conservator select their summer time frames?
The important piece to remember with an extended summer possession schedule is that the possessory conservator must designate their preferred days through written notice by April 1. If they live within 100 miles of the managing conservator and give proper notice, they can select up to 30 days (to be used in one or two periods) for their extended summer possession schedule. Also, If they live over 100 miles from the other parent, the possessory conservator has up to 42 days to be used in one or two periods
If the possessory conservator misses the April 1 deadline and the parents live within 100 miles of each other, the extended summer possession schedule is automatically set between July 1-31. If over 100 miles apart, the automatic dates are June 15-July 27.
What about the managing conservator? Do they get any possession during that extended timeframe?
Yes. The managing conservator has two opportunities for extra time in the summer.
First, the managing conservator can choose to have possession of the children on any one weekend, except Father’s Day, when the possessory conservator has possession of the kids under the extended timeframe above.
Furthermore, the managing conservator can select one summer weekend. Except for Father’s Day, when he or she usually wouldn’t have the kids.
For both scenarios, the managing conservator must meet certain written notice deadlines that are outlined in the Code.
The biggest lesson for summer is that you need to read your order carefully. Summer is different than the rest of the year. Enjoy the extra time with your kids, and always call our office if we can help navigate these questions.
Please call Christman Daniell Attorneys for your legal needs today!
Please consult an attorney for advice about your individual child custody situation. The material on this website and in this or any blog article we publish are for informational purposes only. Do not constitute legal advice. The attorneys at Christman Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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