Texas Extended Summer Possession: A Guide for Divorced Parents

Summer break brings both excitement and logistical challenges for divorced parents with children. Texas law offers a framework for extended summer visitation, also known as extended summer possession, to ensure quality time for the non-custodial parent during this extended school break. This article explains how extended summer possession works in Texas, the deadlines involved, and your options if you’re a non-custodial parent seeking more time with your child during the summer.

Understanding Possession Terminology in Texas

Texas family law uses specific terms to define parental rights and responsibilities regarding children. Here’s a quick breakdown:

• Primary Conservator: Often referred to as the custodial parent, this is the parent with whom the child primarily resides.
• Possessory Conservator: This is the non-custodial parent who has visitation rights with the child according to a court order or agreed-upon parenting plan.

The Basics of Extended Summer Possession

Texas law outlines default guidelines for extended summer possession based on the distance between the primary and possessory conservator’s residences:

• Less than 100 miles apart: The possessory conservator can designate up to 30 days for extended summer possession.
• More than 100 miles apart: The possessory conservator gets up to 42 days of extended summer possession.

The Importance of Deadlines

To secure your desired extended summer possession period, strict deadlines apply:

• Notice Requirement: The possessory conservator must provide written notice to the primary conservator by April 1st, specifying the chosen dates for the extended summer possession. This notice ensures both parties have ample time to plan and adjust schedules.

Default Periods if Notice is Missed

If the possessory conservator fails to provide written notice by April 1st, the following default periods come into effect:

• Less than 100 miles apart: Extended summer possession automatically defaults to July 1st – July 31st.
• More than 100 miles apart: The default period becomes June 15th – July 27th.

Key Considerations for Extended Summer Possession

• Flexibility: The 30 or 42-day period can be divided into two separate stretches, as long as each period lasts at least seven consecutive days. This allows for some flexibility in scheduling.
• School Breaks: The chosen period must fall within the child’s summer break timeframe. Which is defined as beginning the day after school lets out for summer and ending seven days before school resumes.
• Father’s Day: Extended summer possession cannot interfere with the possessory conservator’s designated parenting time for Father’s Day (if applicable).
• Custodial Parent’s Weekend Access: During the extended summer possession period, the custodial parent retains the right to one non-consecutive weekend with the child. They must provide written notice to the possessory conservator by April 15th, specifying the chosen weekend dates. They must also pick up and return the child to the possessory parent. The custodial parent also gets to knock out one of the possessory conservator’s regular first, third, or fifth weekends by giving the possessory conservator 14 days’ notice. Since there is no Thursday visitation in the summer, this knockout provides a two-week period for the custodial parent.

Modifying Extended Summer Possession

The default guidelines and deadlines can be modified through a written agreement between both parents or a court order. This might be necessary due to:

• Child’s Age and Preferences: As children mature, their summer activities and interests may change. Discussing and potentially adjusting the extended summer possession schedule can be beneficial.
• Scheduling Conflicts: Work schedules, vacations, or extracurricular activities for the child or parents might necessitate modifications.
• Changes in Distance: If the distance between residences changes (exceeding or falling below the 100-mile threshold), it could impact the default number of extended summer possession days.

Still Have Questions?

Extended summer possession offers a valuable opportunity for quality parent-child bonding during the long summer break. However, navigating the legalities and deadlines can be complex. Consulting with an experienced Texas family law attorney at Lundberg Law ensures your rights and your child’s best interests are protected.

Our team at Lundberg Law specializes in family law matters, including child custody arrangements and summer visitation schedules. We can help you understand your options, draft or modify your parenting plan concerning extended summer possession, and represent you in court if necessary. Contact us today for a free consultation to discuss your specific situation.