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Summer Vacation & Standard Possession Orders

If you have a Standard Possession Schedule in Texas, distance affects the number of days of each parent’s possession during the child’s summer vacations. Any notices or designations made in regards to the Standard Possession Order must be made in writing.

When the parents reside within 100 miles of each other, the possessory conservator (the one with whom the child does not primarily reside) has up to 30 days of possession during the summer months. Under the default rule, the possessory conservator will have possession of the child beginning at 6:00 p.m. on July 1st until 6:00 p.m. on July 31st. If the possessory conservator wants to have possession of the child outside of this time frame, the possessory conservator must have provided written notice by April 1 of each year. This possession, however, cannot start until the day after the child is dismissed for summer vacation and has to end at least seven days before school resumes.

If the parents live more than 100 miles apart, the possessory conservator is entitled to have possession for up to 42 days during the summer months. The possessory conservator will have possession of the child beginning at 6:00 p.m. on June 14th until 6:00 p.m. on July 27th, unless otherwise provided in writing by April 1. If the possessory conservator chooses an alternate time of possession, it cannot start until the day after the child is dismissed for summer vacation and has to end at least seven days before school resumes.

Additional Resources

Texas Family Code, Sections 153.3101; 153.311; 153.312(b); 153.313(3)-(5)

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