Summer is one of the most exciting times of the year for families—but for divorced or separated parents, summer travel after divorce can also create questions about custody schedules, travel rights, passports, and international trips. In Episode 79 of Cases & Cocktails, Bryan and Janice Eggleston discuss how summer travel works under Texas custody orders and the common mistakes parents make when planning vacations with their children.
Over a refreshing Guava Coconut Margarita, the conversation focuses on the importance of planning ahead and understanding what your court order actually says before making travel arrangements.
Summer Possession Is Different Than the School Year
Many parents are surprised to learn that summer possession often operates differently than the regular school-year schedule.
Under a typical Texas Standard Possession Order (SPO), the non-primary parent may receive extended summer possession, often totaling up to 30 days. These periods are designed to give parents meaningful opportunities to travel, create memories, and spend uninterrupted time with their children.
Because summer schedules differ from school-year schedules, parents should review their orders early and make plans well in advance.
Summer Travel After Divorce: International Travel Requires Extra Preparation
One of the biggest issues discussed in the episode is international travel.
If a child needs a passport, Texas custody orders often require cooperation between both parents. Depending on the language in the order, one or both parents may need to sign passport documents before a passport can be issued.
In some cases, parents may also need additional travel authorization forms when traveling abroad. Certain countries—and even some cruise lines—may require documentation showing that the traveling parent has authority to take the child outside the United States.
Waiting until the last minute to obtain these documents can create unnecessary stress and, in some cases, jeopardize travel plans entirely.
Don’t Assume the Other Parent Will Sign
Bryan shares a scenario family law attorneys see all too often: a parent books a destination wedding or international vacation, pays deposits, sends invitations, and then asks the other parent to sign travel documents shortly before departure.
If the relationship between the parents is strained, that request may not go as planned.
While courts generally do not look favorably on a parent withholding consent without a legitimate reason, obtaining court intervention takes time and money. The best solution is to address these issues before plans are finalized.
Travel Within the United States Is Usually Easier
For most Texas custody orders, parents generally do not need permission from the other parent to travel within the United States during their possession periods.
That said, Bryan and Janice emphasize that good co-parenting often means communicating travel plans anyway. Sharing itineraries, emergency contact information, and basic travel details can help avoid misunderstandings and provide peace of mind.
Communication Helps Avoid Conflict
Summer activities often overlap with sports schedules, camps, family events, and vacations. When parents communicate early, they can often avoid putting children in the middle of unnecessary conflicts.
The goal should always be helping children enjoy meaningful experiences with both parents—not using travel plans as leverage in an ongoing dispute.
The Takeaway
Episode 79 highlights a simple truth: successful summer travel after divorce starts long before you pack your bags.
Whether you’re planning a road trip, a beach vacation, a destination wedding, or international travel, understanding your custody order and planning ahead can save significant time, stress, and expense.
As Bryan and Janice explain, a little preparation today can prevent a major custody dispute tomorrow.
Questions About Summer Possession, Travel, or Child Custody in Texas?
The Eggleston Law Firm in Spicewood, Texas, helps parents navigate custody orders, possession schedules, and complex family law issues with clarity and practical guidance.
