How Divorced Parents Can Plan for Extended Summer Visitation

As children count down the days until school is out, divorced parents might have summer visitation on their minds instead.

Reading through the Texas Standard Possession Schedule can be confusing, but thankfully our friends at The Carlson Law Firm broke it all down, explaining key terms and how the rules differ based on how far away the two households are.

First off: The terminology. The managing conservator is the custodial or primary parent — the person who the child lives with most of the time and who makes the day-to-day care choices. The possessory conservator, sometimes called the non-custodial parent, typically has access to the child in a set schedule. Extended summer possession gives the possessory conservator longer periods with the child during the child's summer break from school

If the managing conservator and possessory conservator live less than 100 miles apart:

• The possessory conservator can select up to 30 days as their extended summer possession, but they need to tell the primary conservator in writing which days they want by April 1.
• Those 30 days can be broken up into two periods of possession during summer break.
• If the possessory conservator doesn't give that written notice by April 1, they automatically get July 1-31 for extended summer possession.
• If the primary conservator gives the possessory conservator written notice by April 15, the primary conservator can have the child on anyone weekend during the possessory conservator’s extended summer period of possession. The primary conservator may also choose one weekend (that they would not normally have possession, usually the first, third, or fifth weekend of the month) during the summer to exercise possession, as long as they provide the possessory conservator at least two weeks’ advance notice.

If the managing conservator and possessory conservator live more than 100 miles apart:

• Notice days for extended summer possession selection are the same as those listed above: April 1 and April 15.
• If the possessory conservator doesn't give that written notice by April 1, they automatically get June 15 to July 27 for extended summer possession.
• The possessory conservator can choose up to 42 days for extended summer possession, and those days can be divided into two periods.
• If the possessory conservator chooses less than 30 days for extended summer possession, the primary conservator can choose any one weekend during that extended summer. The primary conservator has to provide notice by April 15 and pick up and return the child to the possessory conservator.
• If the possessory conservator chooses at least one period with more than 30 days for extended summer possession, the primary conservator may designate up to 2 weekends during that extended summer. These two weekends cannot be in a row, and the primary conservator has to provide notice by April 15 and pick up and return the child to the possessory conservator.
• Additionally, the primary conservator may designate up to 21 days of their own extended summer possession, so long as this does not interfere with the possessory parent’s extended summer period of possession. The 21 days can be split in two periods of at least 7 days each during the summer, and written notice must be given by April 15.

The big exception: The father gets possession on Father's Day.

Clear as mud, right? In general, you should look at your court order to confirm times and days. If you need help working out a schedule or want to request a modification, the expert attorneys at The Carlson Law Firm can help. Click here or call 254-526-5688 to learn more and schedule a free consultation.