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Child Custody and Family Vacations

 Posted on August 15, 2017 in Child Custody

Texas custody lawsSummertime is one of the best opportunities to go on vacation with the kids, as parents may have time off from work and children do not have to miss school. Unfortunately, these types of family vacations can become difficult to plan after a divorce, especially when a couple’s schedules and living arrangements have changed. Texas law helps simplify these problems by outlining procedures regarding vacations for parents who share custody of their children. However, navigating the state’s sometimes complex statutes can be frustrating, so if you have planned a vacation with your children and have questions about your legal rights and obligations, it is important to speak with an experienced complex child custody attorney who can advise you.

Summer Vacation

Under Texas law, parents have specific rights of possession during the summer months. For example, according to state law, a possessory conservator can take a child on an extended summer vacation if he or she first:

  • Gives the other parent written notice by April 1st; and
  • Clearly specifies the time of possession in the summer.

If these requirements are met, the possessory conservator will be granted custody of the child for one month starting on the date after the child’s last day of school and ending no later than seven days before school resumes. However, this right cannot be exercised in more than two separate periods lasting longer than one week each. In the event that a parent does not provide the proper notice before school lets out, he or she can still take the child on vacation for 30 consecutive days beginning at 6:00 p.m. on July 1st and ending at 6:00 p.m. on July 31st.

Parents who have primary custody must also give the other parent written notice if they wish to take a child on vacation during the summer when the other parent has possession. As long as such notice is given by April 15, the managing conservator can take the child on any weekend beginning Friday at 6:00 p.m. and ending at 6:00 p.m. on the following Sunday. This is only permitted for one period of possession by the other parent, who must also pick the child up and return him or her to the same place. If a managing conservator fails to provide this notice by April 15, he or she still has the opportunity to take a child on vacation if he or she provides the other parent with two weeks’ written notice. If a parent takes this step, he or she can designate any weekend beginning the day after the child is dismissed from school for the summer holiday and finishing no later than a week days before school starts.

Call Today to Speak with a Member of Our Experienced Legal Team

If you want to take your child on vacation this summer, but are unsure of the custody guidelines that you must follow, please contact Powers and Kerr, PLLC to speak with an experienced Round Rock complex child custody attorney. We are eager to help you with your case.



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