Summer Visitation in a Nutshell

For those who have possession and access under the Texas Standard Possession Order, making sense of the Summer visitation provisions can be quite the task. Hopefully this helps! Keep in mind that parents are always free to work out visitation by agreement. Whatever works for you is fine! The order is only in place for those times when you can't agree.


For parents who reside WITHIN 100 miles of each other:

1. If the non-custodial parent (NCP - the parent who does not have primary custody) gives the custodial parent (CP - the parent who has primary custody) WRITTEN notice by April 1, the NCP can choose to exercise his/her summer visitation in two separate periods of at least 7 days each. For example, 15 days in June and 15 days in July. Another example is 20 days in July and 10 days in August. It's really up to them. For those who choose to extend their visitation into the month of August, be advised that your visitation period must END 7 days before your child goes back to school. That means, if school starts on August 25, your August visitation must end by August 18.

2. If the NCP does NOT give WRITTEN notice by April 1, the NCP shall have summer visitation for 30 consecutive days beginning at 6:00 pm on July 1 and ending at 6:00 pm on July 31. Yes, that is a very long time. If the CP wants to see the child(ren) during this time, he/she must either give the NCP written notice by April 15 specifying a particular weekend that they want to have the child(ren) or give them 14days notice after April 16. This mean, the CP can have the children for one weekend during the NCP's summer possession as long as it does not interfere with Father's Day and as long as they give proper notice.


For parents who reside MORE than 100 miles apart:

1. The same provisions above apply, except that instead of 30 days in the summer, it's 42 days. If the NCP does NOT give the CP notice by April 1, the NCP will have possession beginning at 6:00 pm on June 15 and ending at 6:00 pm on July 27.

Likewise, if the CP wants to see the child(ren) during these 42 days, he/she must either give the NCP written notice by April 15 specifying up to TWO particular weekends that they want to have the child(ren) or give them 14 days notice after April 16. This mean, the CP can have the children for TWO weekends during the NCP's summer possession as long as it does not interfere with Father's Day and as long as they give proper notice.

SUMMARY:

Parents residing WITHIN 100 miles of each other:

• The NCP gets 30 days in the summer
• If the NCP wants to divide the 30 days into two separate periods, he/she must give the CP written notice by April 1.
• Each separate period above must be at least 7 days.
• If the NCP does not give written notice by April 1, he/she will have visitation for 30 consecutive days from July 1 - July 31
• If the CP wants to see the child(ren) during the NCP's summer possession, the CP may designate one full weekend that they want the child(ren). This notice must be given by April 15, in writing. If notice is not given by April 15, the CP can still have their weekend with 14 days notice as long as it doesn't interfere with Father's Day.
• All required notices should be in writing!

Parents who reside OVER 100 miles apart:

• The NCP gets 42 days in the summer.
• If the NCP wants to divide the 42 days into two separate periods, he/she must give the CP written notice by April 1.
• Each separate period must be at least 7 days.
• If the NCP does not give written notice by April 1, he/she will have visitation from June 15 - July 27.
• The CP can designate up to TWO weekends to have the children during the NCP's summer visitation (as long as it doesn't interfere with Father's Day).
• Notice must be given to the NCP in writing by April 1. If the CP does not give notice by April 1, he/she can still exercise their two weekends, but they must give 14 days notice for each one.
• All required notices should be in writing.

Regardless of Distance:

Keep in mind that should the NCP choose to exercise visitation in August, it must end at least 7 days before school starts.

Understanding Standard Visitation

The purpose of the Standard Possession Order (SPO) is to ensure that children have frequent and continuing contact with parents or other conservators who have shown that they are able to act in the child's best interest. The visitation schedule outlined in the Texas Family Code has been found to be in the best interest of the child as it encourages parents to share in the rights and duties of raising their child after the parents have separated or divorced.

It’s important to note that the SPO does not apply to children under 3 years of age. In those instances, the Court may customize a more appropriate visitation schedule which often includes a “stair-step” type of visitation in which periods of possession are gradually increased over time.

It’s also important to note that standard visitation is not an arrangement of “every other weekend.” Under the SPO, the non-custodial parent (possessory conservator) will have possession of the child(ren) on the first, third, and fifth weekends of each month. This means that on months with 5 weekends (for example, this month), the non-custodial parent will have visitation two weekends in a row—the fifth weekend of July and the first weekend in August! Under an arrangement of “every other weekend,” this would never happen.

Keep in mind that the SPO is in place only for those instances in which the parents or conservators can not agree on visitation. Parents and conservators are ALWAYS free to mutually agree on any visitation arrangement that works for them and the child(ren).

However, absent mutual agreement, possessory conservators (who reside 100 miles or less from the child) will have the following visitation under the SPO:

Weekend Visits – On the first, third and fifth weekends of each month beginning at the time the child is dismissed from school (or at 6:00 pm) on Friday and ending at 6:00 pm on the following Sunday, or when school resumes on Monday.

Weekday Visits – EVERY Thursday beginning at 6:00 pm and ending at 8:00 pm or when school resumes Friday morning. This allows parents to have the child overnight once a week.

Christmas – In even-numbered years from 6:00 p.m. on the day school is dismissed for the holiday to 12:00 noon on December 28. In odd-numbered years from 12:00 noon on December 28 to 6:00 p.m. on the day before school resumes.

Thanksgiving – In odd-numbered years from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday after Thanksgiving. (The conservator who has the right to determine the primary residence of the child will have the child on Thanksgiving in even numbered years).

Spring Break – In even-numbered years from 6:00 p.m. on the day school is dismissed to 6:00 p.m. on the Sunday before school resumes. (The conservator who has the right to determine the primary residence of the child will have the child for Spring Break in odd numbered years).

Child’s Birthday – On the child’s birthday from 6:00 p.m. to 8:00 p.m. For example, if the child’s birthday falls during your weekend or holiday visitation period, the other parent will still have the option of seeing the child from 6:00 p.m. – 8:00 p.m.

Father’s or Mother’s Day – from 6:00 p.m. on the Friday prior to Father’s Day or Mother’s Day to 6:00 p.m. on that day (Sunday).

Summer Visitation – If the possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for thirty (30) days beginning the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation. This can be exercised in not more than two (2) separate periods of at least seven (7) consecutive days each. ***Under this option, the possessory conservator picks the 30 days, which can be broken down into 2 separate periods of at least 7 days each. For example, the possessory conservator could choose June 3-12 and July 3-22. Written notice MUST be given!

* If the possessory conservator does not give the managing conservator written notice by April 1 of each year, the possessory conservator shall have possession of the child for thirty (30) consecutive days beginning at 6:00 o'clock p.m. on July 1 and ending at 6:00 o'clock p.m. on July 31.

Parents or conservators who live greater than 100 miles from the children will have the following visitaiton:

Weekend Visits – Either as provided above, or by designating one weekend per month upon 7 day’s notice (either by written or telephone notice).

Christmas – same as above.

Thanksgiving – same as above.

Spring Break – EVERY year from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday before school begins.

Child’s Birthday – same as above.

Father’s or Mother’s Day – same as above.

Summer Visitation – If the possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation, to be exercised in not more than two (2) separate periods of at least seven (7) consecutive days each. *** Under this option, you pick the 42 days, which can be broken down into 2 separate periods of at least 7 days each.

* If the possessory conservator does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6:00 o'clock p.m. on June 15 and ending at 6:00 o'clock p.m. on July 27.