As a family law attorney here in Texas, I know many clients feel a deep sense of relief once the divorce papers are signed and the child custody plans are in place. Then the first summer comes around and opportunities to reward the kids for dealing with the divorce abound. As clients like Buck start to wonder about summer plans, that’s when the calls start coming my way.
“Chris, visitation is easy while school is in session. The kids have a regular schedule. Since I’m a teacher, I have the same schedule. But this summer, we’re free. We can make all sorts of plans. It’s so exciting. I’m just not sure what their mother has in mind,” Buck began.
“Have you asked her about it?” I asked him.
“Not yet, it’s still March. It seems so far away,” he said.
“Well it’s not, but I’m glad you contacted me while it’s still March. What did your summer visitation schedule look like in the divorce decree?” I asked him.
“We went with the standard arrangement just to get it over with but it was kinda understood that we’d make arrangements that worked best for the kids each summer depending on how our lives were going,” he said.
“Okay, so it sounds like you’re planning to make a custom summer plan. That’s great, as long as you can agree,” I told him.
“I think we can. I’ve complied with my visitation schedule so far. On time, every time, kids seemed happy, I even think she enjoyed her time on her own,” he said.
“Great, well please allow me to go over some information about summer visitation schedules in general. It’s a lot, but important, especially for the first summer,” I said,
Planning your summer visitation schedule in Texas like Buck can be simpler when you have the right information. This guide explains the key rules and tips that can help you create a plan that meets everyone’s needs.
Key Takeaways
- Texas summer visitation schedules let noncustodial parents enjoy extended time, usually around 30 days, along with frequent contact through standard guidelines.
- Parents can customize visitation plans to fit their family’s unique situation, as long as they follow any court order.
- Staying in touch in advance and telling the other parent your plans by April 1st can prevent arguments and keep summer running smoothly.
- These schedules aim for the best interest of the child by giving each parent fair periods of possession and a stable environment.
Understanding Texas Summer Visitation Schedules
Navigating Texas summer visitation schedules can be a challenge, but the goal is to create a peaceful summer for parents and children. The Texas Family Code sets rules about “possession” and “access,” which define parental responsibilities, especially during the summer months when kids are not in school
Good communication makes these plans work. You can reduce confusion by clarifying your custody order and talking openly with the other parent. Understanding everyone’s rights and duties helps you build a schedule that promotes teamwork and lowers conflict.
In many child custody case situations, the parent who is the managing conservator (often called the “custodial parent”) has the exclusive right to decide the child’s primary residence. The possessory conservator (or “noncustodial parent”) then gets set periods of possession of the child, especially during the summer break. Sometimes, these visits last for 30 consecutive days, which is great for child visitation when the school year is busy.
Standard Summer Visitation Schedule in Texas
In Texas, the standard summer visitation schedule gives noncustodial parents extended time with their children during the summer break. Generally, a non-custodial parent who lives within 100 miles of the primary parent can receive 30 days of visitation. This is a solid chance to enjoy extended quality time together for several consecutive days.
The standard possession schedule also includes the first, third, and 5th weekends of each month, plus Thursday overnights. These extra days help maintain strong relationships between the child and the noncustodial parent throughout the summer months. The schedule can be split into separate periods if the possessory conservator prefers. That’s the legal way of saying, if the parent that the child doesn’t primarily live with prefers.
Some extended period options exist under special conditions. The Texas standard possession order spells out these choices so that parents know what to expect for both regular and summer weekend possession. For more information on standard order details, visit Texas Family Code Section 153.312.
Customizing Your Summer Visitation Plan
Even though the standard summer visitation schedule is a good starting point, not every family will find it perfect. Texas law allows parents to customize their plan if they can both agree. This can be based on the child’s age, their hobbies, or a parent’s job schedule.
Common choices include:
- Week-on/week-off: The child alternates weeks with each parent.
- 4-3 schedule: The child spends four days with one parent and three with the other.
- 2-2-5-5 schedule: The child has two days with one parent, two with the other, then five with each parent.
Any of these parenting plan ideas may fit young children or older ones. You can also opt for an entire month of July if your court order allows. Some parents find tools like Custody X Change helpful for laying out a clear access schedule. Whatever plan you pick, remember to follow any court order so your schedule is valid. Also, send written notice with your travel plans and dates to avoid confusion.
Key Deadlines and Notice Requirements
Key deadlines and notices are vital for a smooth summer plan. A non-custodial parent must tell the managing conservator about their intended summer visitation days by April 1st (or sometimes April 15th under certain orders). This gives everyone enough time to prepare.
If you do not give notice by April 1st, then your default summer possession runs from July 1st through July 31st. By starting your discussions long before summer arrives you can plan or negotiate without last-minute pressure. This approach helps keep you organized until the time school resumes.
Special Considerations for Long-Distance Parents
Long-distance parenting often comes with unique challenges, especially during the summer. If parents live over 100 miles apart, the non-custodial parent often receives 42 days of summer possession. This can start when the regular school term ends and continue until the end of the summer vacation, depending on the court order.
It’s important to keep the other parent informed of a move or any weekend visits, ideally within 90 days. You can send this notice in writing or by email. Being upfront and respectful helps set a positive tone for the time period your child is away.
If both parents agree or if it meets the child’s best interests, you can also petition the court to modify your custody schedule. It’s crucial to support a healthy co-parenting style and focus on your child’s needs during these extended visits.
Planning for Holiday and Special Occasions During Summer
Summer often includes major holidays and special occasions. You want to ensure both parents spend quality time with the child. The standard possession order explains who gets the child on events like spring break or Father’s Day weekend.
Parents also make personal plans for Mother’s Day, birthdays, or other important events. In odd-numbered years, certain specific provisions may let one parent have extra days. To avoid conflict, coordinate your holiday schedule in advance so your child can relax and enjoy these special days.
Addressing Common Issues and Conflicts
Even with a great plan, problems can come up. And when they do, clear communication and cooperation are key to solving them. Some parents schedule meetings, send emails, or use co-parenting apps to track changes to the parenting plan or note any disruptions.
If an emergency threatens your summer visitation schedule, tell the other parent as soon as you can. Keep a record of any new arrangements you make. If you can’t agree on changes, stick to the custody order to avoid breaking the rules. If violations occur, you might need legal advice to deal with potential contempt of court.
Source: Summer Visitation in Texas: When Do You Get the Kids? [2024]
Additional Child Custody Case Considerations
When deciding parental rights and visits, Texas courts always keep the best interest of the child at the forefront. If you’re the managing conservator, you typically have the exclusive right to decide the child’s primary home. The possessory conservator has child visitation rights, such as the summer weekend possession and other day periods during vacations.
Some orders specify how Father’s Day weekend works or the following Sunday pick-up and drop-off times. They can also detail how spring break or the fifth weekends of the month shift in odd-numbered years. If the child’s school year changes, you should discuss next steps as soon as possible.
Younger kids may need more frequent parental contact. You might plan consecutive days that lead to the end of the summer vacation for travel or family gatherings. Always keep the child’s well-being in mind, and remember that each parent’s rights matter. To learn more, see the Texas Attorney General Child Support Division website.
Legal Support and Resources
If you face trouble with your schedule, seek help. Violating a custody order can have legal consequences. Dallas child custody lawyers, like Warren & Migliaccio, LLP, offer advocacy in child custody case disputes and can explain the rules in your order.
You can also visit txaccess.org for useful guidance on visitation rights and custody agreements. The Texas Attorney General’s Office has valuable details on child support and visits too. If you’re unsure how to plan your summer or if you have a complex child custody case, talk to an experienced family law attorney.
Tips for a Successful Summer Visitation
Making summer fun for everybody requires teamwork and flexibility. A good attitude helps children feel at ease. Also, adjusting to each parent’s schedule and the child’s school year can help everyone get along.
- Respect your child’s interests: Think about their hobbies, camps, or other important events.
- Communicate openly: Share information about trips or schedule changes.
- Collaborate on big decisions: Include the other parent in your decision-making process to show respect.
Add family gatherings or special outings to your schedule so the child feels included. If you keep each other in the loop, you’ll reduce stress and create a positive experience.
Summary
Building the best summer visitation schedule in Texas means knowing the Texas Family Code, meeting deadlines, and talking openly with your co-parent. This keeps summer running smoothly for your child.
To succeed:
- Adapt the plan if needed.
- Coordinate special dates.
- Seek legal help when unsure.
By prioritizing the best interests of the child, you’ll develop a summer plan that builds strong family bonds and ensures an unforgettable break.
FAQs Regarding: Visitation Schedules and Options
Can The Standard Summer Visitation Schedule Be Customized?
What Is the Best Summer Custody Schedule?
What Does a 70/30 Split Look Like?
What Is the 2-2-3 Schedule in Texas?
FAQs Regarding: Deadlines and Notices
What Is the Deadline for Summer Visitation Notice in Texas, and What Happens If You Miss It?
FAQs Regarding: Long-Distance Parenting
How Can Long-Distance Parents Manage Summer Visitation?
FAQs Regarding: Logistics and Pick-Ups
When Do I Have to Pick Up My Child for Summer Visitation?
FAQs Regarding: Child Preferences and Participation
At What Age Can a Child Refuse Summer Visitation in Texas?
What If My Child Doesn’t Want to Go to Summer Visitation?
Can a Parent Choose Not to Exercise Summer Visitation in Texas?
FAQs Regarding: Child Support and Financials
Does the Custodial Parent Still Receive Child Support During Summer Visitation?
FAQs Regarding: Enforcement and Legal Resources
What If the Noncustodial Parent Doesn’t Return the Child After Summer Visitation?
What Legal Resources Are Available for Custody Disputes?
Source: Child Custody Statistics: What Custodial Parents Should Know
What’s Buck’s Plan?
“Now I see why it was so important to talk to you in March. That April 1st deadline to give notice about my plan is coming fast,” he said.
“Yes, it is. Seems early, but you understand why it’s so important, right?” I asked.
“I do, it’s just respectful to her and the kids to plan in advance. And I just don’t know my plans yet. I have ideas but no real plan,” he said.”
“What are your ideas?” I asked.
“I’d love to take them back east to my folks’ beach house in Cape Cod for a few weeks in July. There’s a great new soccer camp by my new house that maybe the kids can go to for a few weeks. I’ve got a few more thoughts but I don’t want to complicate the summer too much,” he said.
“Okay, so here’s the deal. You need to start communicating with her about it ASAP. Tell her your ideas, ask about hers, and assure her you’ll have your ideas turn into plans by April 1st. We want her to agree and see you are continuing to comply with the custody agreement and respecting her end of the deal,” I told him.
“Oh, I will, I will,” he said.
“Try to make a plan that focuses on the best interest of the kids and use that language with her,” I told him. “Please keep me posted. If you can agree on a plan, I can help you formalize a visitation schedule for the summer. If you can’t agree, I can help you negotiate a plan that works best for everybody. Just do your best not to start a fight or give her a reason to get the court involved.”
“That sounds like a good plan Chris. Thank you,” Buck said. “I’ll get right on it and have something in place by April 1st. I’ll keep you posted. I never thought I’d be so excited to spend extended time with my kids, but I am. I really am. Let’s make it happen.”
Schedule a Consultation With Our Firm to Learn About Summer Visitation Schedules in Texas
Wondering what your summer visitation schedule will be in Texas can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether you are wondering about how to plan your summer, or navigating other child custody related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.