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.

2009 Legislative Update

The 81st Legislative session resulted in many significant changes to the Texas Family Code. Thanks to the Legislative Committee of the Family Law Section of the State Bar, and the diligent efforts of the Texas Family Law Foundation, 8 of the 11 bills proposed by the Section passed!

The most notable changes to the Family Code include:

1. Certificate of Informal Marriage – House Bill 3666 amends section 2.204 of the Family Code by adding a provision for the preparation of a Certificate of Informal Marriage by the County Clerk. This means that people who are common law married will be able to obtain a certificate recognizing the validity of their marriage.

2. Waiving the 60 Day Waiting Period – HB 72 amends section 6.702 of the Family Code to allow a party to waive the mandatory 60 day waiting period required before a court may grant a divorce in a case where the court finds that:
a. the Respondent has been finally convicted of (or received deferred adjudication) for an offense involving family violence against the Petitioner or a member of Petitioner’s household, or
b. the Petitioner has an active Protective Order under Title IV or an active magistrate’s order for emergency protection against the Respondent as a result of family violence committed during the marriage.

3. New Chapter 34- Authorization Agreements for Non-Parents (SB 1598)- In short, this is a new statute that will allow parents to authorize a non-parent relative of a child to make certain decisions on behalf of the child. The non-parent relative must be a grandparent, adult sibling, or an adult aunt or uncle of the child. The agreement (which can be revoked at any time) will allow the non-parent to consent to medical, dental, psychological, and surgical treatment of the child, obtain insurance coverage for the child, and enroll the child in school or daycare (in the district where the non-parent resides). This agreement can be entered into by only one parent as long as the other parent receives written notice by mail at least 10 days before it’s signed. However, if the child is under the continuing jurisdiction of a court, the court must pre-approve the agreement.

4. Sibling Access – HB 1012 amends section 153.551(b) of the Family Code to give siblings (who were separated from the child by the Department of Family and Protective Services) the right to file a lawsuit to seek access to the child.

5. New Court in Harris County – Harris County will receive a new Domestic Violence Court to be headed by Judge Tony Lindsey. This court will be located in the Civil Courts Building and will hear all Protective Order matters not associated with a divorce filing.

Failed Bill - If you don’t appreciate the efforts of the Texas Family Law Foundation by now, you may find it interesting to know that HB 480 did not pass. This bill, which was highly opposed by the Foundation, would have required every Petitioner to take a 10 hour “Crises Marriage Education Course” before filing for divorce and suggested that Respondent’s do the same! Failure to take the course could have been considered by the court in dividing property, awarding custody (!), awarding spousal maintenance, and in determining whether to vary from the child support guidelines!

All changes will be effective September 1, 2009 and will apply to every case filed from that date forward. Cases filed before September 1, 2009 will not be affected by these changes.

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.

Our Family Wizard – Taking the Stress Out of Communication and Planning

When a relationship involving children ends, it is often difficult (and sometimes impossible) to keep the lines of communication open. You said soccer practice was at 3:00, he thought you said 4:30. You said you were picking the kids up Friday night, she forgot and took them to the movies instead.

OurFamilyWizard.Com is designed to reduce, if not eliminate, the stress that often arises due to breakdowns in communication between parents who live in separate households.

For a small fee, parents can keep an online calendar (that the other parent can access 24 hours a day, 7 days a week) of extracurricular activities, appointments, school information, expenses, medical information, visitation periods, etc.

This site is a great tool that makes co-parenting easier and a lot less stressful. For more information, log onto http://www.ourfamilywizard.com/

OFW News : 07/01/2008 – “One of the greatest benefits to using the OurFamilyWizard website is the ability to help control the amount of "he said/she said". The OurFamilyWizard website allows parents to keep very accurate records of what was said and when it was said. In most cases, especially high conflict cases, the chronology of events is just as important as the events themselves.”

10 Holiday Tips for Divorced Parents

Divorce is emotionally draining, especially during the holidays and special occasions. Divorced parents must communicate with even more diplomacy, patience, mutual understanding, respect, and tolerance than married couples planning holiday travel, dinners, reunions and gift-giving. Juggling schedules during marriage is hard, and it only gets harder after divorce.

Here are 10 tips for making sure everyone enjoys special occasions:

1. Plan Ahead

Develop a parenting schedule before the holidays.
Avoid scheduling the children for dinner with Dad at noon and a second turkey dinner a few hours later with Mom. Instead, arrange for Dad to spend the entire day with the children in all odd-numbered years, and have Mom spend the holiday with them in all even-numbered years.

If possible, hire a parenting coordinator, usually a child psychologist or divorce lawyer appointed by the court to act as a decision-maker until a judge makes a different decision. You have quicker access to the coordinator than the judge, but the coordinator must be paid.

2. Keep Your Word

Stick to the schedule. Arrive on time and drop off the children on time.

3. Keep in Touch

If the children are not with you for the holidays, call them, and be sure to send cards or email. Consider celebrating the holiday or birthday before or after the actual day. Children love parties and gifts any time - nothing fancy - but something special you create just for them.

4. Let the Children Keep in Touch

If the children spend the holiday with you, let them speak with the other parent. Give the children any cards and email from the other parent, and read the messages to young children who cannot read. If the children are too young to call, help them make or receive a call, and let them have a quiet moment to speak with the other parent. Make sure to avoid planning an exciting activity like gift-opening at the same time that the children are scheduled to speak with their Mom or Dad.

Remember, children usually have a short attention span, so do not blame the other parent if conversations are short.

5. Safe Travel

Make travel arrangements with airlines for long-distance travel. Airlines provide supervision for unaccompanied minors for a nominal fee.

6. The Art of Gift-Giving

Coordinate gift-giving with the other parent. Do not give your child a cell phone if you know Mom is giving her a phone. If your ex-spouse will not cooperate, go ahead with your own plans, but do not complain to the children about the other parent.

7. Acknowledge the Child's Right to Enjoyment

Let your child take gifts to your ex-spouse's home. Conversely, if your child brings home a new toy or bicycle, let your child take it back to her Dad's home, if she wants.

8. To Each His Own

Let the children spend Mother's Day with Mom and Father's Day with Dad.

9. Create Your Own Celebrations

Do not insist upon attending your child's birthday or graduation party if your ex-spouse is throwing the party. Give your own party on another day.

10. Give Your Child Permission to Love Both Parents

Help your child buy or make a gift and card for the other parent, if the child is too young to handle the tasks herself. You are doing your child a favor, not your ex-spouse, because you are giving your child permission to love the other parent - the best gift you can give.


By: Sharyn T. Sooho