Texas Child Custody Part III: What Are Your Summer Vacation Visitation Rights?

visitation during the summer and holidays family lawyer

As with other parenting time schedules, there are guidelines you must be aware of and follow for summer vacation spent with your children.

Designating Possession for Summer Vacation for Non-Primary Parents

By April 1 of each year, if you are the non-primary parent (parent with visitation), you may designate specific times for possession during summer vacation.

You may not designate more than two periods of not less than 7 days each, which total 42 days.

If you fail to designate dates for possession by April 1, you still have the right to visitation, but the Standard Possession Order (SPO) default dates apply, based on the distance between you and your child’s primary residence.

For residences less than 100 miles apart, the default dates are July 1–July 31

For residences more than 100 miles apart, the default dates are June 15–July 27

What are your rights as a primary parent?

As the primary parent, you may designate your own exclusive summer possession but must do so by April 15 of each year.

If under 100 miles between residences, you may designate ONE weekend during the non-primary parent’s 30 days AND one weekend during the remainder of the summer during which an otherwise scheduled period of possession for the non-primary parent will not take place.

If over 100 miles between residences, you may designate one weekend during the non-primary parent’s summer possession or if the non-primary parent’s time period exceeds 30 days, TWO non-consecutive weekends, AND 21 days (in no more than two periods of at least 7 days each) during which the non-primary parent will not have possession.

Unlike the non-primary parent’s default possession time, the primary parent must designate the dates by April 15, or the possession is lost.

Our attorneys C.E. Borman & Associates will be glad to answer any questions you have about summer vacation visitation and provide you with legal guidance.

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