What Are My Summer Visitation Rights?

Co-parenting can be difficult, especially during the summer months when warm weather and tropical vacations come calling. Thankfully, it’s during these summer months that parents who do not have primary custody of their children are more likely to arrange an extended visitation.

For parents with joint custody, they might continue to share time throughout the summer as they would during the academic year. However, if your ex-spouse has primary custody of your child or children, and you have visitation rights, summer could be a prime time to plan a scheduled visit.

During the summer, most children are out of school for at least two months, which allows for more time for vacations and visits, which is especially important if you live in another town, state, or country from your child. If you are interested in exploring your visitation rights and discovering how they apply to your summer plans, make sure you know your potential options.

Extended Summer Possession

In Texas, most custody arrangements involve a standard possession order, which outlines each parent’s time with the child. Parenting plans will come in one of two basic forms-- either both parents share custody of their child, or one parent will take the lead in primary custody, granting the other parent visitation rights.

If you have visitation rights with your child, you probably have a predetermined amount of time with your child, outlined in the standard possession order created when the custody agreement was arranged. Usually, this will determine all visitation time for the entirety of the year. However, if you choose to petition for additional time during the summer, you may file for Extended Summer Possession. While this is by no means guaranteed, working with an attorney to file the appropriate forms by the annual deadline can significantly improve your chances of obtaining the quality family time you’re entitled to.

Scheduling Summer Visits

To schedule a summer visit with your child, you need to plan ahead. Take a look at your current custody arrangement and see if your plans fit into your predetermined visitation. If they do, discuss those plans with your custodial parent. If your plans do not fit with the current custody agreement, and you would like to extend your summer visitation, you should still discuss your options with your co-parent and with your attorney. You may have to go through the court to obtain an official extension for your summer visit.

If you do need to file for the extension, gather as much information as you can about your intended visit. Create a plan, nail down the details, and discuss the plan with your attorney. At The Clark Law Firm, we can review your case and help you fill out the appropriate paperwork to obtain an extension.

Depending on your situation and the age of your child, the court may also consider the following before granting the extension:

  • Each parent’s work schedule over the summer

  • The children’s summer schedule

  • Family holidays celebrated over the summer

  • The child’s wishes

Ready to get started? If you are not the custodial parent and wish to plan a summer visit with your child, our firm is prepared to help you pursue an official visit.

Contact The Clark Law Firm today to discuss your visitation case with our firm.


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