In Texas, non-custodial parents often have the right to extended summer visitation, typically one month, but the exact terms can vary based on the court order or custody agreement. The Texas Family Code provides a standard possession order (SPO) which usually includes provisions for summer visitation.
Standard Possession Order (SPO)
Under the Texas Family Code, the SPO outlines specific visitation rights for non-custodial parents, including extended summer possession. Here are some key points:
30 Days in the Summer: The non-custodial parent is generally entitled to 30 days of visitation during the summer. This period can be consecutive or split into two separate periods, depending on the agreement between the parents or the specifics of the court order.
Notice Requirements: Non-custodial parents must provide written notice to the custodial parent by April 1st each year, specifying the dates they wish to exercise their extended summer visitation. If the non-custodial parent does not provide this notice, the default period for summer visitation is from July 1st to July 31st.
Modification of Dates: Parents can mutually agree to modify the dates of the summer visitation to accommodate schedules and preferences. Any changes should be documented to avoid misunderstandings.
Alternate Weekend Visitation: During the extended summer possession, the custodial parent typically retains the right to one weekend of visitation if the non-custodial parent's summer possession exceeds 30 consecutive days. The custodial parent must provide advance notice to exercise this right.
Important Considerations
Court Orders: Always refer to the specific terms of your court order or custody agreement, as individual arrangements may differ from the standard provisions outlined in the Texas Family Code.
Communication: Effective communication between parents is crucial for planning and coordinating extended visitation periods. This helps ensure that both parents' and children's needs are met.
Legal Advice: If there are disputes or uncertainties regarding summer visitation rights, consulting with a family law attorney can provide clarity and help resolve conflicts.
Conclusion
Non-custodial parents in Texas generally have the right to extended summer visitation, typically for one month, as per the standard possession order. However, the specific terms can vary based on individual court orders or custody agreements. Ensuring clear communication and understanding of the legal requirements can help facilitate a smooth visitation process.