With summer just around the corner it is important to understand what periods of possession that each parent is entitled to during the summer months.
If you are the non-primary parent and you reside within 100 miles of the primary residence of the children, then pursuant to the Texas Standard Possession Schedule, you are entitled to 30 days of uninterrupted extended summer possession with your children. You are required pursuant to the Texas Standard Possession Schedule to designate the 30 days of your choosing by April 1 in all years. If you fail to designate 30 days of possession by April 1 in any given year, then the default 30 days are July 1 – July 31.
If you are the primary parent, then pursuant to the Texas Standard Possession Schedule, you are entitled to have possession of the children on any 1 weekend during the non-primary parent’s 30 days of summer possession, if you provide written notice to the non-primary parent by April 15 of each year. In addition to this 1 weekend, you are also entitled to 1 additional weekend of possession during the summer that would otherwise have been the non-primary parent’s 1st, 3rd, or 5th weekend period of possession. You must designate this weekend by April 15 or provide at least 14 days’ prior written notice to the non-primary parent. The weekends selected by the primary parent cannot interfere with the non-primary parent’s Father’s Day possession, if the non-primary parent is the father of the children.
It is important to remember/consider the following in order to maximize your extended summer possession with your children:
· You will continue to have possession of your children on the 1st, 3rd, and 5th weekends of the month during the summer in addition to the 30 days of extended summer possession;
· You will not have Thursday possession during the summer as this possession occurs only during the regular school term;
· If you are the mother of the children you are entitled to possession of the children on Mother’s Day weekend in addition to your 30 days in the summer;
· If you are the father of the children you are entitled to possession of the children on Father’s Day weekend in addition to your 30 days in the summer;
· Your 30 days of summer possession do not have to be exercised in 30 consecutive days. You can break it up into no more than 2 periods of at least 7 consecutive days;
· Your extended summer possession cannot begin any earlier than the day after the children are released from school for summer vacation;
· Your extended summer possession must end at least 7 days before school begins the following school year.