Summer Travel & The SPO: Understanding Travel Notices and Out-of-State Vacation Rules in Your Decree

Summer is a time for making memories, taking family vacations, and enjoying a much-needed break from the school year routine. But when you are navigating life after a divorce or separation, summer travel requires a bit more coordination. At Lundberg Law, we know firsthand that the shift from the structured school year to the extended breaks of summer can create friction between co-parents.

If your custody arrangement is governed by a Standard Possession Order (SPO) in Texas, understanding your rights and responsibilities regarding summer possession and travel is crucial. I want to walk you through exactly what you need to know to ensure your summer plans go off without a hitch.

The Magic Deadlines: April 1st and April 15th

Under the Texas Family Code, the noncustodial parent (the possessory conservator) is entitled to an extended period of possession during the summer. If you live within 100 miles of each other, this period is 30 days. If you live more than 100 miles apart, you are entitled to 42 days.

The April 1st Deadline for Noncustodial Parents

To choose the specific dates for your 30 or 42 days of summer possession, you must provide written notice to your co-parent by April 1st. You can take this time in a single continuous block or split it into two separate periods of at least seven consecutive days each.

What happens if you miss the April 1st deadline? You do not lose your summer time, but you lose the right to choose your dates. The schedule defaults automatically:

• Under 100 miles: Your possession defaults to July 1st at 6:00 p.m. through July 31st at 6:00 p.m.
• Over 100 miles: Your possession defaults to June 15th at 6:00 p.m. through July 27th at 6:00 p.m.

The April 15th Deadline for Custodial Parents

Custodial parents (managing conservators) also have rights during the summer. If you are the primary parent, you can designate one weekend of possession during the noncustodial parent’s extended summer period. To do this, you must provide written notice to the other parent by April 15th.

You also get to designate one of the non-primary parents’ regular summer weekends (Not Father’s Day) on which you will have possession; Thus, giving you an appointed 14 day period of exclusive summer possession. To do this you must provide at least 14 days’ written notice to the other parent. 

For a more detailed breakdown of these default timelines and how they operate, I recommend reviewing the Standard Possession Order guidelines on Texas Law Help.

Rules for Out-of-State Vacations

Once you have your summer dates locked in, you might be dreaming of a beach trip to Florida or a cabin stay in Colorado. But before you book your flights, it is essential to read your final decree of divorce or custody order carefully.

While most standard orders do not outright prohibit out-of-state travel during your designated possession time, they almost always require clear communication. Here are the standard rules of the road for traveling out of Texas:

1. Share Your Itinerary

If you are leaving the state with your children, the courts expect you to keep your co-parent informed. Your order likely includes a provision requiring you to provide an itinerary before you leave. This usually includes:

• Flight information or planned travel routes.
• The address and phone number of where you will be staying (hotels, rental homes, or family residences).
• A reliable way to contact you and the children during the trip.

2. Get It in Writing

If your custody order specifically requires written consent from the other parent to travel out of state or internationally, a verbal “okay” is not enough. Get their approval in writing—whether through a formal signed document, an approved parenting app, or an email. Failing to do so can result in an enforcement action against you.

3. Beware of International Complexities

International travel is an entirely different ballgame. Taking your child out of the country typically requires both parents to consent to a passport application. If your co-parent refuses to cooperate, or if your decree explicitly restricts international travel, you will need to petition the court for a modification or a passport release well before your scheduled trip. For specific nuances regarding long-distance parenting scenarios, the Texas Attorney General’s parenting time schedules offer excellent guidance on how distance affects your rights.

Tips for a Stress-Free Summer Co-Parenting Experience

• Communicate Early: Do not wait until the last minute to discuss summer camps, vacations, or schedule changes. Open, early communication prevents the element of surprise, which is the root of most co-parenting arguments.
• Stick to the Order: A handshake deal to swap weeks in June might seem fine in the moment, but if your co-parent changes their mind, the court will only enforce what is written in your official order. If you agree to deviate from the SPO, document the agreement in writing.
• Keep the Focus on the Kids: Transitions can be tough on children. Try to keep drop-offs and pick-ups cordial, and encourage your children to enjoy their time, whether they are at home with their primary parent or exploring a new state with their noncustodial parent.

Ready to Plan Your Summer? We Can Help.

Navigating the nuances of the Standard Possession Order can be confusing, especially when vacation plans and travel notices come into play. If you are unsure about what your decree allows, or if you need help modifying your current order to better fit your family’s evolving needs, we are here for you. We proudly support families throughout Midlothian and the greater Ellis County area, offering compassionate and clear legal guidance. Let us help you ensure this summer is memorable for all the right reasons. Click here to schedule a free consultation or call 972-775-3500 now to speak with our team.