Texas Law on Summer Visitation: How Is It Arranged?

Understanding Texas Law on Summer Visitation

When parents separate or divorce in Texas, determining child custody arrangements, which include visitation schedules, is a critical step. The Texas Family Code includes specific provisions for summer visitation that apply to non-custodial parents. These rules are designed to ensure that both parents maintain a meaningful relationship with their children throughout the year, especially during extended breaks from school.

Standard Possession Order and Summer Visitation

In Texas, the Standard Possession Order (SPO) often serves as the default visitation schedule if the parents cannot agree on a different plan. Under the SPO, non-custodial parents generally have visitation on the first, third, and fifth weekends of each month, one weeknight per week during the school year, alternating holidays, and an extended period during summer vacation.

For summer visitation specifically, the non-custodial parent is typically granted 30 days of uninterrupted visitation. This allows for a longer period of time for the child to bond with the non-custodial parent without the constraints of school schedules. However, these 30 days can be divided into two separate periods if agreed upon by both parents or ordered by the court.

Notification Requirements

A crucial aspect of arranging summer visitation in Texas is adhering to notification requirements. The non-custodial parent must inform the custodial parent of their chosen visitation dates by April 1st of each year. If this deadline is missed, summer visitation defaults to July 1st to July 31st. Conversely, custodial parents also have the right to designate one weekend during the non-custodial parent's extended summer possession, provided they give notice by April 15th or at least 14 days in advance if the non-custodial parent did not give notice.

Modifying Summer Visitation

While the SPO provides a guideline for summer visitation, parents can modify these terms to better suit their family's needs. This may involve changing visitation dates or splitting up the summer period. Modifications require either mutual agreement between both parents or a court order if an agreement cannot be reached.

Historical Perspective on Visitation Laws

Historically, Texas has evolved its approach to child custody and visitation laws to accommodate changing societal norms around co-parenting. For example, earlier custody laws typically favored mothers in custodial matters. Over time, with a growing understanding of the importance of both parents' involvement in a child's life, laws like those governing summer visitation have become more equitable.

Legal Assistance

Navigating Texas summer visitation laws can be complex and may benefit from legal guidance. A family law attorney can assist in interpreting the SPO and modifying it as necessary to fit individual circumstances. They can also help enforce existing orders if one parent fails to comply with scheduled visitation times.

Conclusion

Summer visitation in Texas is structured to balance a child's need for regular contact with both parents while accommodating the non-custodial parent's desire for extended time during school breaks. While standard guidelines exist through the SPO, flexibility and communication between parents are key to creating a visitation schedule that serves the best interests of the child.