Monday, May 15, 2017

How Does Summertime Visitation Work for Divorced Parents in Texas?

Originally published by Evan Hochschild.

Across southeast Texas, schools are getting closer to completing the Spring
Semester and with that three months of vacation time is quickly for students.
While just about all parents are concerned with what their kids are going
to do to fill the time they would ordinarily spend in the classroom, parents who are
divorced will typically be concerned with when they actually get to spend time
with their kids as well.

This is especially true for those parents who are the possessory parent,
i.e., the one with whom the child(ren) do not primarily reside with. The
summer months are seen as an opportunity for this parent to have a chance
to experience some extended time with the kids. This blog post will detail
some specific information both parents will need to know as summer approaches.

Summer Visitation – Parents Within 100 Miles or Over 100 Miles from
Each Other

The Texas Family Code draws a distinction between:

  1. parents who live within 100 miles of one another and
  2. parents who live more than 100 miles from one another.

In this scenario, the possessory conservator will give the managing conservator
written notice by April 1st which states the extended period or periods of summer possession (totaling
30 days) that the possessory conservator is requesting for the upcoming
summer months.

Beginning and Ending

That period of possession can begin no earlier than the day after summer
vacation begins and shall end no later than seven days prior to the beginning
of the new school year.

The possessory conservator may exercise their periods of possession in
no more than two separate periods of at least seven consecutive days each.
Further, each period of possession shall begin and end at 6:00 p.m. on
whichever days he or she chooses.

April 1st Notice Requirement

If the possessory conservator does not give the managing conservator written
notice by April 1st of that year which specifies the extended period or periods of possession
he or she would like to take advantage of during summer vacation, they
are automatically granted time with their child(ren) for thirty consecutive
days beginning on July 1 at 6:00 p.m. and ending on July 31 at 6:00 p.m.

As far as the managing conservator is concerned, that parent shall have
possession of the child(ren) on any one weekend beginning Friday at 6:00
p.m. and ending on the following Sunday at 6:00 p.m. during any one period
of possession by the other parent.

The caveat to this rule is that the managing conservator must give written
notice by April 15th to the possessory conservator of their intention to take advantage of
this weekend. Unlike the drop off/pick up rules for the rest of the year,
the summer time sees the managing conservator be responsible for transportation
purposes in this scenario.

April 15Th Notice Requirement

Additionally, if the managing conservator provides the possessory conservator
written notice by April 15th or provides the possessory conservator 14 days’ written notice on
or after April 16th, the managing conservator has the ability to designate one weekend beginning
no earlier than the day after summer vacation begins and no later than
seven days prior to the school year beginning in the Fall, during which
time an otherwise scheduled weekend period of possession by the possessory
conservator will not take place.

This is provided that the weekend that the managing conservator designates
does not interfere with the possessory conservator’s period or periods
of possession of extended summertime possession or Father’s Day
weekend (if the father is also the possessory conservator).

Parents May Deviate from Standard Visitation if they Can Agree

The above schedules may seem rigid and fairly tedious to those who have
never laid eyes on them or lived through them. Parents in Texas are expected
by law to both play a large role in their children’s lives even after a
Texas divorce is finalized. While the above run-down of
visitation during the summer months is the reality for many parents across our State, it is not mandatory
for parents to have this language run their lives each summer.

What can happen, and what each family law court across this State would
prefer happens, is the parents coming together to agree on a
plan for visitation that works best for them and their children. This is opposed to shoe horning
their lives around what the State has as a “fall bac” option
for Summertime visits with Mom and Dad. Parents and their attorneys have
the opportunity to get very creative with how the summer days can be spent
for the children splitting time between the parents’ homes.

While the summer is intended to be a time of relaxation for children, when
Mom and Dad are not seeing eye to eye it can be a time of stress and anxiety
for even young children. When going through the
Texas divorce process it is in everyone’s best interests to remember that ultimately what
is best for the children is what’s best for the parents.

The attorneys with the Law Office of Bryan Fagan are advocates for parents
going through divorce but are empathetic towards and understand the importance
of the happiness and wellbeing of the children of the divorcing spouses.
The best way to learn more about our office and how we can assist you
is to contact us today for a consultation- free of charge.

Book an appointment with Law Office of Bryan Fagan using SetMore


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Other Articles you may be interested in:

  1. How does summer visitation work?
  2. 10 Quick Tips About Parental Visitation
  3. When Your Child’s Extended Family Wants Visitation in Texas
  4. Supervised Visitation in a Texas Divorce: Can it happen to me?
  5. Grandparent Visitation Rights in Texas?
  6. In Texas are Child Support and Visitation Connected?
  7. Texas Child Visitation Modification
  8. Geographic Restrictions in Child Visitation Orders in Texas
  9. Does my 18 year old child still have to go with their other parent on the
    weekend for court ordered visitation in Texas?
  10. Texas Parental Visitation – Texas Standard Possession Orders in Harris
    and Montgomery County, Texas – Part 1

Law Office of Bryan Fagan | Spring Divorce Lawyer

The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it’s important to speak with ar
Spring, TX Divorce Lawyer right away to protect your rights.

divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing
a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Harris County,
Montgomery County,
Liberty County,
Chambers County,
Galveston County,
Brazoria County,
Fort Bend County and
Waller County.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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