In most situations, after a divorce or a Suit Affecting Parent Child Relationship (“SAPCR”), the non-custodial parent will be awarded a Standard Possession Order. This order sets forth the visitation schedule for the non-custodial parent throughout the year, including holidays, spring break, and summer vacation.
Under the Standard Possession Order, the non-custodial parent has the option of designating an extended summer possession, if said notice is sent by April 1st of each year. If timely notice is given, the non-custodial parent is afforded thirty days during the summer which are selected by the non-custodial parent, as well as their standard weekends. These thirty days can be used all at once or broken up into two separate periods, so long as each period is at least 7-days long. If notice is not given, then the default summer visitation is July 1st through July 31st. By default, the possession begins and ends at 6:00 p.m.
Similarly, the Standard Possession Order also includes a provision for summer visitation for the custodial parent. If notice is sent by April 15th, the custodial parent can designate one weekend inside of the non-custodial parent’s thirty-day summer visitation, which begins at 6:00 p.m. on a Friday and ends at 6:00 p.m. on a Sunday. Unlike other times of possession, pick-up and drop-off of the child will be the sole responsibility of the custodial parent to exercise this weekend visitation. In addition to the opportunity to have a weekend within the non-custodial parent’s extended summer visitation, the custodial parent also gets an additional summer weekend. This additional weekend takes place outside of the non-custodial parent’s extended weekend, so long as the custodial parent gives the non-custodial parent notice by April 15th, or 14 days written notice on or after April 16th.
If, however, you were awarded an Expanded Standard Possession Order, the terms of the possession are the same; however, the duration of the visitation is slightly longer. In this situation, the non-custodial parent is afforded 42-days, as opposed to 30-days. Similarly, if the non-custodial parent choses an extended summer possession exceeding 30-days, the custodial parent may designate two non-consecutive weekends for visitation, instead of just one.
It is important to fully read and understand your possession and access schedule to ensure you are maximizing your visitation rights. Under the Texas Family Code, a standard possession generally read as follows:
FOR PARENTS WHO RESIDE WITHIN 100-MILES
Extended Summer Possession by Possessory Conservator—
With Written Notice by April 1 — If Possessory Conservator gives Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods of extended summer possession do not interfere with Father’s Day Weekend. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 1 — If Possessory Conservator does not give Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.
Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Managing Conservator shall have a superior right of possession of the child as follows:
Summer Weekend Possession by Managing Conservator — If Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Possessory Conservator in that year, provided that Managing Conservator picks up the child from Possessory Conservator and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
Extended Summer Possession by Managing Conservator — If Managing Conservator gives Possessory Conservator written notice by April 15 of a year or gives Possessory Conservator fourteen days’ written notice on or after April 16 of a year, Managing Conservator may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Possessory Conservator shall not take place in that year, provided that the weekend so designated does not interfere with Possessory Conservator’s period or periods of extended summer possession or with Father’s Day Weekend.
FOR PARENTS WHO RESIDE MORE THAN 100-MILES APART
If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:
- Summer Possession:
(A) Gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each with each period of possession beginning and ending at 6 p.m. on each applicable day; or(B) Does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;
- If the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservatory may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and
- If the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.
Your possession order may differ or deviate from the Texas Standard Possession Order; therefore, it is important to read your order carefully. If after review, you have questions or concerns, it is important to speak with an experienced family law attorney to better understand your rights. The attorneys at the Ted Smith Law Group are well-equipped to answer any questions you have regarding your legal rights, and, if necessary, enforcing your visitation rights. Please contact our office today at 254-690-5688 to schedule your free consultation.
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