texas standard possession order de-mystified – summer possession

Another misunderstood part of the Texas Standard Possession Order is the summer possession schedule.

If the parent with visitation (not the custodial parent) gives the parent with custody notice by April 1st of a given year they can pick thirty days for their summer possession (or 42 days if they live over 100 miles from the child). This thirty day period cannot begin until the day after school lets out for summer break and cannot end later than 7 days before the child goes back to school.

This thirty days cannot be exercised in more than two periods of at least 7 consecutive days. This means that you cannot pick four one-week possessions, or thirty random days.

If the parent does not give written notice by April 1st they get July 1st through July 31st by default. For parents who live more than 100 miles apart the default time is June 15 through July 27th. Pick up and drop off times are 6:00 p.m.

Once the summer possession has been set by either notice having been sent or not, the parent with custody can then set their summer possession schedule.

If the parent with custody gives the visiting parent notice by April 15th of a year, they can choose one weekend during the visiting parent’s thirty day extended summer visitation to exercise visitation with the child. The visit begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on Sunday and that parent must pick up the child and drop the child off back to the other parent to finish their thirty day summer visitation. This allows the custodial parent to not have to go thirty days without seeing the child. For parents who live over 100 miles from each other, the parent can choose two non-consecutive weekends provided the visiting parent is exercising more than thirty days for their summer possession. This means that if the visiting parent is using the full 42 days in a row, the other parent can choose two non-consecutive weekends under this provision.

In addition to this one weekend, the custodial parent can designate another weekend, outside of the thirty day summer possession, when the visiting parent would have otherwise had a weekend visit. Remember from my original standard possession order weekend post that the weekends continue through the summer when there is no extended summer visitation occurring.

To get this weekend, the parent must give the other parent written notice by April 15th of a year or 14 days written notice if after April 15th. This weekend cannot conflict with the other parents thirty day extended summer possession or Father’s day if the other parent is the father. This provision allows the custodial parent to plan summer vacations with the child.

If the parents live over 100 miles from each other, the custodial parent can choose 21 days during the summer that would have otherwise gone to the visiting parent provided they provide the notice above and provided that the days chosen do not conflict with the extended summer possession of the visiting parent or with father’s day if the visiting parent is the father.

In my next post I will discuss holiday visits under the Texas Standard Possession Order.

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157 Responses to texas standard possession order de-mystified – summer possession

  1. Becky January 16, 2018 at 6:25 pm #

    I am the custodial parent and my ex husband sent me his summer schedule for 2018. One date doesn’t work with what we already have planned. He said that his dates will not change so for me to change my plans. Can I deny his dates or does he just dictate everything?

  2. Frances April 5, 2018 at 9:20 pm #

    Is their a sample letter showing how to properly inform a ncp of the weekends the cp wishes to designate? what info needs to be included and can we send both weekends in the same letter or would they have to be sent seperate?

  3. Tasha May 1, 2018 at 1:33 pm #

    My children go with there dad in the summer for the month of July. Well he works out of town and is usually only home on the weekends. Well my kids have stated that they don’t want to go over there if he isn’t going to be. What if any rights do I have to say that unless he is there at least at night and on the weekend that they can’t go.

  4. Darren W Robertson May 23, 2018 at 11:34 am #

    What happens if the parent that has designation within the current state and school district moves out of state during summer possession ?

  5. Chris Schmiedeke June 13, 2018 at 8:54 am #

    You either have to follow the order or modify it with the court with a petition to modify. Those are the choices.

  6. Chris Schmiedeke June 13, 2018 at 8:58 am #

    There is no formal letter and yes, you can designate both in the same letter as long as you meet the deadlines. All you are doing is putting them on notice of the weekends in the summer you want them.

  7. Becky July 18, 2018 at 11:05 pm #

    When does school weekend possession officially resume? My ex-husband will have our daughter the third weekend of August and her school starts the immediate next Monday… So is the weekend still considered the summer where his visitation ends on Sunday at 6 since school has not started yet, or does he get to keep her for drop-off Monday morning on the first day of the school term?

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