Navigating summer possession schedules can be one of the more complex aspects of co-parenting in Texas. As parents adjust to new routines and seasonal changes, understanding your rights and responsibilities is crucial for ensuring a positive experience for both parents and children.
From understanding the intricacies of default schedules to effectively communicating any proposed changes, we’ll equip you with the knowledge necessary to navigate this process smoothly. A solid grasp of summer possession schedules can help mitigate conflicts and foster a collaborative co-parenting relationship.
Our Austin child custody lawyers at the Eggleston Law Firm are ready to assist you with summer possession in Texas, and you can contact our team at 512-640-2507 .
Determining Your Summer Visitation Schedule
To determine your summer visitation schedule, start by reviewing your child custody order. In Texas child custody cases, if there are no specific provisions in the court order regarding summer possession, then no automatic summer visitation schedule applies. Even if the Standard Possession Order (SPO) is in place, it still must clearly specify the summer possession details in the court order.
What Is the Standard Summer Visitation Schedule in Texas?
In Texas, the standard summer visitation schedule grants the non-custodial parent extended time with their child during the summer. According to the Texas Family Code, the standardsummer visitation schedule for the non-custodial parent, if the parties live within 100 miles of one another, is as follows:
- Parents get to designate thirty days of visitation during the summer. If they do not designate then the default is July 1st and ends on July 31st.
- If the non-custodial parent provides written notice to the custodial parent by April 1st, they can split the 30-day period into two blocks of time, each lasting at least seven consecutive days.
Additionally, the non-custodial parent’s standard summer visitation is in addition to their regular visitation rights, which usually include the first, third, and fifth weekends of the month. Thursday provisions almost always say, during the school year, and do not apply to the summer.
It’s important to understand that the standard summer schedule is simply a guideline. Parents are encouraged to create a customized visitation plan that best fits their family’s needs, as long as it supports the child’s well-being.
Ultimately, custody orders can be arranged in various ways, and the court has a duty to ensure that any custody order reflects the best interests of the child it will affect. Every family has unique dynamics, and parents have specific work schedules that must be considered in custody arrangements. It is also possible to modify an existing custody schedule to reflect major life changes, medical emergencies, and other issues.
Can I Deviate from the Standard Summer Schedule?
Yes, you can deviate from the standard summer possession schedule, but you must provide the other parent with written notice by the deadline specified in your custody order, typically by April 1st. Your notification should include the proposed dates for your summer possession and any changes to the standard schedule, such as splitting the visitation into separate blocks of time.
To ensure clear communication and minimize disputes, consider the following steps:
- Send the notice in writing: Use certified mail, email, or another method that offers proof of delivery to ensure the other parent receives it.
- Specify the requested dates: Clearly outline the exact dates you are requesting for your summer possession.
- Confirm receipt: Follow up to ensure the other parent has received the notice and understands the proposed changes.
If both parents agree to the modified schedule, it’s wise to document this agreement in writing to prevent any misunderstandings in the future.
Preparing for Summer Possession
Preparing for summer possession involves careful planning to ensure the transition is smooth and stress-free for both parents and the child. Here are some key steps parents should take:
- Review the Court Order: Make sure both parents are familiar with the details of the court-ordered summer possession schedule, including the start and end dates, as well as any stipulations for extended visits or travel.
- Communicate Early: Open communication between both parents is crucial. Discuss any upcoming events, vacations, or changes in routine well in advance. If the non-custodial parent wants to split their summer possession into two periods, they must notify the custodial parent by April 1st.
- Plan Travel Arrangements: If either parent is planning trips during their possession period, they should coordinate travel plans, including drop-offs and pick-ups, and ensure that the other parent is informed.
- Prepare the Child: Transitioning between homes for an extended time can be challenging for children. Help them understand the schedule and ensure they pack everything they need for their time with the other parent.
- Document Agreements: Any changes to the standard summer possession schedule should be in writing to avoid misunderstandings. This can include agreements about vacations, holidays, or adjusted visitation days.
Addressing Violations of a Summer Possession Order in Texas
It is crucial for both custodial and noncustodial parents to follow the terms of their custody order to the letter and fulfill all court requirements when they need to make any changes to their typical visitation schedule, and this includes summer possession.
If a parent violates a custody order they can be held in contempt of court, While it is possible for emergencies to arise unexpectedly that make a standing schedule untenable, parents are expected to notify one another of any such circumstances.When parents act outside the terms of their custody order, however, this can have serious repercussions.
Your Austin child custody lawyer can advise you of your options for addressing a violation of a custody order. Whether you are a custodial parent who believes the noncustodial parent has failed to meet the requirements of your custody order or who has intentionally violated the order in any way, or if you are a noncustodial parent and believe you have grounds to seek a major modification to your custody order to reflect the custodial parent’s behavior, the right attorney will be an important asset for navigating the difficult proceedings ahead of you.
How Austin Child Custody Lawyers Can Help With Summer Possession in Texas
Whether you are entering a custody dispute for the first time, you have a standing custody order that needs to be modified, or you have specific questions relating to an upcoming summer possession period, our experienced custody lawyers in Austin can provide valuable insights and guidance to help you better understand your parental rights and the options available for tailoring summer possession.
With a standard summer possession schedule, it is important for both the custodial parent and the noncustodial parent to meet their notification deadlines if they need to arrange a schedule outside of the typical visitation period. If the noncustodial parent needs to split their custody time, or if the custodial parent wishes to take their weekend for possession during the noncustodial parent’s summer possession period, meeting the applicable notification deadlines is crucial for both parents.
It is also possible to modify a standing custody order to reflect new circumstances, or if you believe a specific change would be beneficial to your child’s best interests. Modification of a family court order requires submitting a petition to the court and attending a hearing. It’s possible that the other parent may contest the proposed change, in which case both parties will need to present their arguments and evidence in court, or they may agree to the change without contest, and the judge overseeing the petition will adjust the custody order as necessary.
Legal Support for Summer Possession in Texas
The Team at The Eggleston Law Firm advocates fiercely for our clients. Whether you are preparing for summer possession as a custodial or noncustodial parent, we can help you understand the terms of your custody order more clearly and outline your options for revising a visitation schedule, taking full advantage of your rights to possession over the summer, and addressing violations of your custody order.
Child custody disputes are inherently emotional issues, and it is important to have a legal advocate you can trust advising you if you are bracing for any such legal issue in Texas. The Team at The Eggleston Law Firm is ready to assist you, so contact us online or call us at (512) 640-2507 to schedule a consultation with our team and learn more about the legal services we provide.
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