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.   

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 by April 1, 2013.  Failure to submit your desired dates on or before April 1, 2013 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 by April 15, 2013.  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 14, 2013;
  • If you are the father do not select dates that interfere with Mother’s Day Weekend, whish is the weekend of May 10, 2013;
  • 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 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.

 

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.