How to Handle Child Custody Over Summer and Holidays in Texas
By Gregg Lundberg | 02/04/2025
As a family law attorney in Texas, I often receive questions from clients about how to navigate child custody arrangements during the summer months and holidays. These times can be especially stressful for divorced or separated parents who want to enjoy quality time with their children but also avoid conflict or legal issues.
Fortunately, Texas law provides clear guidance—though it’s important to understand the details and plan ahead.
Understanding the Texas Standard Possession Order
Most custody agreements in Texas are based on what’s called the Standard Possession Order (SPO). This is the default schedule set out in the Texas Family Code and is presumed to be in the best interest of the child for parents who live within 100 miles of each other.
The SPO includes specific provisions for summer and holiday periods. Unless a different arrangement is made (by agreement or court order), the SPO governs how parenting time is divided during these times.
Summer Possession in Texas
Under the SPO, the noncustodial parent (also known as the possessory conservator) is entitled to extended summer visitation. Here’s what that typically looks like:
- 30 days in the summer: The noncustodial parent can choose 30 days of uninterrupted time with the child during the summer break. These days must fall between the end of the school year and seven days before school starts again.
- Notice Deadline: The noncustodial parent must provide written notice to the custodial parent by April 1st each year specifying the chosen dates. If no notice is given, the default period is July 1–31. The non-custodial parent may elect to take the 30 days in two periods of time so long as each period is at least 7 days in length.
- The custodial parent can also select one weekend during the noncustodial parent’s 30-day period to have the child, provided proper notice is given in advance.
- The custodial parent also gets to select one weekend of the non-custodial parents first, third, or fourth weekends to have the child, provided paper notice is given in advance.
For parents living more than 100 miles apart, the summer visitation extends to 42 days instead of 30 and includes additional travel provisions.
Holiday Custody in Texas
Holiday periods alternate between parents each year according to the SPO. The major holidays covered include:
- Thanksgiving: One parent gets the child for the Thanksgiving break in even-numbered years, and the other gets odd-numbered years.
- Christmas: This holiday is divided into two parts:
- Part 1: From the day school dismisses until December 28 at noon.
- Part 2: From December 28 at noon until school resumes.
- These parts alternate each year between the parents. If you got Thanksgiving you get the second part of Christmas.
- Other Holidays: Spring Break, Mother’s Day, Father’s Day, and other special holidays like the child’s birthday are also specifically addressed in the SPO.
Customizing Your Possession Schedule
While the Standard Possession Order works for many families, it’s not one-size-fits-all. Parents can always agree to a modified possession schedule that better suits their family dynamics, travel schedules, or the child’s activities. These agreements can be made informally or included in the court order for clarity and enforcement.
If communication with your co-parent is respectful and cooperative, it’s usually in the best interest of everyone to plan summer and holiday schedules well in advance, confirm plans in writing (text or email is fine), and be flexible when possible.
When Problems Arise
Unfortunately, even with a clear court order, disagreements can arise—especially if one parent fails to follow the terms or uses the schedule as a tool for control. In these cases, it may be necessary to file a motion to enforce the order or seek a modification if the existing arrangement no longer serves the child’s best interests.
As your family law attorney, my goal is to help you understand your rights and responsibilities, avoid unnecessary conflict, and—when needed—step in to protect your legal interests and your child’s well-being.
Final Thoughts
Planning ahead is key to reducing stress over summer and holiday custody. Know your rights, communicate clearly, and document everything. If you’re unsure about your current court order or need help enforcing or modifying it, don’t wait until the last minute.
Click here to schedule a free consultation or call 972-775-3500 now. I’d be honored to help you and your family navigate this important time with confidence and peace of mind.