W. Tyler Moore, PC

Texas law addresses summer possession rights for parents

May is in full swing and that means that for children in Texas, summer break is right around the corner. For children, summer is a time for sleeping in, going to the local pool or beach or taking a vacation. When married parents in Texas have a child, making summer plans is relatively easy. However, if a child's parents are divorced, they must follow a possession schedule that may differ from the one followed during the school year.

Sometimes a divorced parent in Texas wishes to take their child on an extended vacation in summer that conflicts with the normal possession schedule. This may be allowed if the parent provides the other parent with this information in writing by a certain date. Texas Codespecifies the dates and times possession can begin and end if the parents did not meet these deadlines.

In some cases, parents in Texas are able to work together out-of-court to create an agreeable summer possession schedule. This may be the case if the child's parents are still on relatively good terms with one another and can cooperate enough to make decisions that they are both satisfied with. Other times, however, parents are not on such good terms with one another, and they must turn to the court to approve a summer possession schedule. Keep in mind that the court will still use the best interests of the child standard when it comes to one parent or the other taking the child on a trip away from home.

Children deserve to have a relaxing summer, and may benefit from knowing which parent they will be residing with and when. If these child custody decisions are made ahead of time, children may experience less stress, especially if both parents are in agreement on the final summer possession schedule. When parents work together for the benefit of the child, the child can grow up in a stable and healthy environment even if his or her parents are divorced.

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