Summer Time Possession
We know that Spring Break and Saint Patrick's day are just around the corner, but there are other very important dates fast approaching in family law. If you have orders or follow a "Standard Possession Order" as laid out in §153 of the Texas Family Code, April 1st and April 15th are very big days on your calendar. If the Courts awarded you a possession schedule, you have until April 1st to designate your periods of summer possession. If you live within 100 miles of the other parent with whom your child or children reside, §153.312 says you get thirty days every summer and can exercise those days in no more than two separate periods which must be at least seven days long. If you do not designate, the Family Code says you get July 1 to July 31st.
Now, if you live over 100 miles from your child, you still need to designate your summer possession. However, §153.312 of the Family Codes awards you 42 days every summer with the same requirement that those days be exercised in no more than 2 separate periods of at least seven days each. If you do not designate your dates, the Family Code says you get June 15th until July 27th for your summer possession. Designating summer possession is vitally important to plan everything from work, vacations, summer camps, and childcare. Further, designation must be done via the ordered means. So, if your order says notice of designation must be done via email, you must email your designation. Be sure to review your order to see what you need to do to give notice of your designations to the other party and what exactly it awards you for summer possesion.
Remember, if you and the other parent can come to an agreement about summer possession, or anything else regarding your children, do that! You fall back to these orders when you and the other parent just can't agree. If you have questions or need guidance regarding a family law matter, please contact Cotten Schimdt at 817-338-4500 for a consultation