Mark L. Scroggins Explains Summer Possession Schedules in Texas in this Podcast
School is letting out soon. May 30 is the last day of School in Frisco ISD, nearby our newest Scroggins Law Group office. New co-parents may have questions about summer possession and visitation in Texas. If your divorce decree follows a standard summer possession schedule, there are notice provisions for parents to select their extended time with children and default dates that otherwise apply.
Planning your summer does not have to be difficult. Listen to Mark L. Scroggins explain how the process works as he offers tips to parents with growing kids who have challenging schedules. As families grow and time passes, what summer possession and visitation plans may have worked before, now need updating. In other cases, enforcement actions are an option when there are significant problems.
At all times, we must remember to focus on the best interests of our children and the quality time we have to spend with them as they grow up so quickly.
In Texas ?Custody and Visitation? is Called ?Conservatorship, and Possession and Access?
While most people search for information about ?Custody? and ?Visitation? and use those terms informally, the Texas Family Code defines the rights and duties of parents and time with children with the terms, ?Conservatorship? and ?Possession and Access.?
Learn about conservatorship and possession and access on the child custody page on the Scroggins Law Group website.
Summer Possession & Visitation in Your Divorce Decree
The first place to check for your summer possession and visitation information is your divorce decree. Whether your decree uses a standard possession order or a customized schedule for visitation, the language in the decree controls what happens when parents otherwise do not agree among themselves.
Listen to the podcast as Mark L. Scroggins explains how and why parents who usually get along well, can come to an impasse. Communication breakdowns can spell disaster. Mark frequently reminds us to leave the ego at the door.
The April 1st and 15th Deadlines for Giving Notice of Extended Summer Possession
People often see information online about giving notice or your extended summer plans. There are two deadlines in April. By April 1st, the non-primary parent (some say non-custodial) should give notice to the primary parent as to when they want their extended summer possession with the child. Next, before April 15, the primary parent may give notice to the other parent when they want a weekend with the child during the non-primary parent?s extended time. ?
What happens if I miss the notice deadlines, some ask. If you fail to give notice by the operative dates, the default provisions apply. That default month is July 1st to July 30th. Call your Frisco, Texas divorce lawyer for more information about defaults and what happens if you do not give notice.
Understanding the Texas Summer Possession Schedules
There are a few details Mark L. Scroggins explains in this podcast about summer possession and the extended summer possession details. Do you and the other parent live more than 100 miles apart? If that is the case, the non-primary parent gets 42 days of extended summer possession with the child. Those who live fewer than 100 miles apart have 30 days of extended time.
Listen to our podcast to learn more details about summer possession schedules.
Modifying and Adding Limitations to Summer Possession in Your Divorce Decree
At times, parents might want to add limitations to summer possession. For example, some parents ask the court for a modification of their order to prohibit travel with the child to certain countries. A nation that has not adopted the Hague Convention (a Non-Hague Country) is not bound by the Hague Convention to recognize the court orders of our US courts. This means that if the other parent travels to a Non-Hague Country and fails to return the children, a US court does not have the power to compel the return of the child.
There are Consequences and Enforcement Actions for Parents who Disobey the Divorce Decree
Denying the other parent their court-ordered visitation time can lead to an enforcement of visitation proceeding. For example, if one parent gives notice to the other of their extended summer possession and the other parent refuses to drop off the child, they can be brought before the judge in an enforcement action seeking an order of contempt, punishable by fines, community supervision or even jail time. If you have an issue with something the other parent is planning, contact your divorce lawyer and see if there is another way to work things out instead of refusing to comply with the court?s orders and your duties in them.
Mark L. Scroggins is Board Certified in Family Law in Texas and Can Answer Your Summer Possession Questions at (214) 469-3100.
Serving families in Dallas, Denton, and Collin Counties with offices in Dallas, Frisco, and Plano, Texas respectively. Mark and his team of talented divorce lawyers, paralegals and support staff at Scroggins Law Group can help you with summer possession schedules and related issues when you call them at (214) 469-3100.
*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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