Summer break often brings questions from divorced and separated parents about possession schedules and how much time each parent will have with their children. While many parents are familiar with the non-custodial parent's extended summer possession rights under a Texas Standard Possession Order, fewer realize that the custodial parent also has the right to designate extended periods of possession during the summer.
At Haugen Law Firm, P.C., we frequently help parents understand how summer possession works under Texas law and how to avoid common scheduling conflicts.
What Is Extended Summer Possession?
Under a Texas Standard Possession Order (SPO), the parent who has the exclusive right to designate the child's primary residence (often referred to as the custodial or primary parent) is entitled to designate one weekend of possession during the non-custodial parent's extended summer possession period.
This provision helps ensure that the primary parent maintains meaningful contact with the child during extended summer visitation.
How Does It Work?
When the non-custodial parent exercises an extended summer possession period of more than 30 consecutive days, the primary parent may designate one weekend during that period to have possession of the child.
The primary parent must provide notice of the designated weekend to the non-custodial parent on or before April 15 of that year.
The designated weekend typically begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on Sunday.
If the primary parent does not timely designate a weekend, the right to exercise that weekend possession may be lost for that summer.
Why Notice Is Important
One of the most common mistakes parents make is failing to provide the required notice by the applicable deadline.
Texas possession schedules contain several important notice requirements throughout the year, particularly regarding summer possession. Missing a deadline can affect a parent's ability to exercise certain rights under the order.
For that reason, we encourage parents to review their orders early in the year and calendar all possession-related deadlines.
Can Parents Agree to Something Different?
Absolutely.
Many families find that the Standard Possession Order serves as a starting point rather than a rigid schedule. Parents are always free to agree to a different arrangement that better accommodates vacations, camps, family events, or work schedules.
In fact, cooperative co-parenting often allows families to create schedules that are more beneficial for both parents and children than the default provisions contained in the order.
However, unless both parents agree otherwise, the terms of the court order remain controlling.
What Happens If Parents Disagree?
Disputes regarding summer possession can arise when notice deadlines are missed, vacation plans overlap, or parents interpret the order differently.
When disagreements occur, it is important to review the exact language of the court order, as possession schedules can vary depending on when the order was entered and whether the parties agreed to modifications.
An attorney can help interpret the order, explain your rights, and assist in resolving disputes before they escalate into enforcement proceedings.
Planning Ahead for Summer Success
The best way to avoid summer possession disputes is to plan ahead. Reviewing your court order, communicating early with the other parent, and keeping track of notice deadlines can help ensure a smooth and enjoyable summer for everyone involved.
At Haugen Law Firm, P.C., we assist parents throughout Denton County, Collin County, Cooke County, Dallas County, and Tarrant County with custody, visitation, enforcement actions, and modifications. If you have questions about your summer possession schedule or your rights under a Texas Standard Possession Order, our team is here to help.