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Time to specify summer possession

Specify Summer custody and stay on top of deadlines of child custody agreementsTime to specify summer possession

Most parenting plans incorporate the Standard Possession Order found in the Texas Family Code which sets forth provisions for parents having possession of the child at times specified in the order. The Code also states that parents may form their own mutual agreements about when each will have possession of the child, and if they do not otherwise agree, then the Standard Possession Order will apply.

The parent who is named as the possessory conservator (often referred to as non-custodial parent) must give notice to the parent named as the managing conservator as to when they intend to have the expanded 30 days with the child. Both parents might make special plans during that month.

Deadlines to schedule your 30 days

Collin County divorce lawyers often share reminders with current and past clients to make sure the summer possession schedules are set before the April 1st deadline used by most courts and as set forth in the Texas Family Code.[i]

The managing conservator is allowed one weekend with the child during the possessory conservator parent’s summer month and the deadline for the managing conservator to give notice of which weekend is April 15th.

What happens if you do not give notice by your deadlines?

If the possessory conservator does not give written notice to the managing conservator of their extended summer possession by April 1st, the Family Code states that the possessory conservator will have the child for 30 days beginning 6 p.m. July 1st and ending 6 p.m. July 31st.

The same rules apply to the managing conservator’s weekend selection and if they do not give written notice until April 16 or after, then they will have an extra weekend of their choosing between the time that the child is dismissed from school for summer vacation and before school resumes at the end of summer vacation. The managing conservator must give the possessory conservator 14 days’ written notice which extra weekend they want to have the child.

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Texas Board Certified* divorce and family law attorney Mark Scroggins and the team at Scroggins Law Group in Plano, Texas represent clients in a variety of divorce and family law matters.

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[i] Texas Family Code Section 153.3101