All jokes aside, your failure to timely designate your period(s) of extended summer possession could impact your summer plans. It is that time of year again for all divorced and/or separated parents to designate the dates that they wish to have possession of their children for summer 2012. So, before you start planning that well-deserved summer vacation with your children make sure that you have sent the proper notification to the other parent.
The Texas standard possession order for summer visitation requires both parents to take action by either April 1st or April 15th of each year if they wish to select dates for summer visitation with their child/children.
If you are the non-custodial parent/possessory conservator, then you must submit, in writing, the dates that you wish to have extended summer possession with the child/children by April 1, 2012. Failure to submit your desired dates on or before April 1, 2012 may result in you having no choice regarding your extended summer possession this year. Most orders state that if the possessory conservator fails to designate his or her extended summer possession on or before April 1, then they shall exercise their extended summer possession for that year beginning on July 1 and ending on July 31.
If you are the custodial parent/primary conservator, then you must submit, in writing, the dates that you wish to have extended summer possession with the child/children by April 15, 2012. Most orders state that if the primary conservator fails to designate his or her extended summer possession on or before April 15, then they shall elect their extended summer possession for that year by providing the other parent conservator with fourteen days’ written notice of the dates that they have selected.
Key Points to Remember when Selecting Dates for Summer Possession:
- If you are the mother do not select dates that interfere with Father’s Day Weekend, which is the weekend of June 15, 2012;
- If you are the father do not select dates that interfere with Mother’s Day Weekend, which is the weekend of May 11, 2012;
- Please remember that all summer possession must be completed within a specified time period. The time period for exercising summer possession begins on the day after the child’s school is dismissed for the summer vacation and ends no later than seven days before school resumes at the end of the summer vacation. Be sure to look at your child’s/children’s school calendar to ensure that you comply with this requirement.
- If you are the possessory conservator and you reside within 100 miles or less from the primary residence of the child, then you can select 30 days for extended summer possession. You do not have to select 30 days in a row. You can break up the days into no more than two separate periods of at least seven consecutive days each.
- If you are the possessory conservator and you reside over 100 miles apart from the primary residence of the child, then you can select 42 days for extended summer possession. You do not have to select 42 days in a row. You can break up the days into no more than two separate periods of at least seven consecutive days each.
If you need help designating your summer access, contact one of our Texas custody lawyers for help.