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Summer Visitation for a Divorced Parent in Texas

This entry was posted in Child Custody Divorce Father's Rights on by

Many divorced parents have already come up with summer plans to spend with their children during that time. Exciting as it may, schedules for summer visitation tend to be confusing. The Texas Family Code provides some regulations. This article will talk about things to keep in mind when formulating a summer possession schedule. 

Written Notice

A written notice must be provided by the possessory conservator indicating their chosen vacation days by April 1st. This date may be changed by final orders.

It is important to refer to their Divorce Decree, Final Order in Suit Affecting the Parent-Child Relationship,  or Final Order in Suit to Modify the Parent-Child Relationship. The notice can be in the form of a letter, or other electronic communication such as e-mail. Make sure that the notice is in writing. Keep any proof of the sent notice.

Never send the notice with the child to the other parent. The possessory conservator cannot select the days of visitation if the deadline has lapsed. However, if the managing conservator agrees to it, the possessory conservator may still choose the days of visitation.

If there is no agreement on the dates, statue provides a schedule which will be the entire month of July. It starts at 6:00 PM on July 1st and ends at 6:00 PM on July 31st. An extension of summer designations is permitted as long as the possessory conservator gives notice in advance.

Choosing the Dates

The freedom to choose visitation dates has limitations. The day before the last day of school and a week before it starts cannot be chosen.

The possessory conservator can choose to have up to 30 consecutive days for summer vacation.

The managing conservator can select any weekend from Friday to Sunday. He or she will personally pick up at 6:00 PM and return the child to the possessory conservator. 

The managing conservator has to choose their dates by April 15. The choice must be in writing or through electronic communication.

Managing conservators can also elect days of the regular time of the possessory conservator. This period can be divided into two segments.

The possessory conservator can book vacation days –– one summer and one regular. These weekends will be the possessory conservator’s. The possessory conservator will also be the one to pick up and return the child to the same place.

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Hutton Law

Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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