How to Get Extended Summer Possession if You Missed the Deadline
Tips for the Parent who Misses the April Deadline for Extended Summer Possession
The standard extended summer possession notice might be the hardest part of Texas divorce decrees for newly divorced parents to understand. If it isn’t, it is a close second! I get a lot of questions about that part of the divorce decree every year. So, if you have a hard time understanding the extended summer possession part of your decree, you are not alone. You still need to read it, and ask an experienced family law attorney to help you understand your deadlines if you need it. And, good news, if you miss or find our you have missed the April deadlines for notice to the other parent, you will still get to see your kids this summer with your choices already made for you by the Texas Family Code for your extended summer possession.
1) If you Missed the April 1st Notice
If you are the possessory conservator parent, and you miss (or missed) the notice that is due on April 1st for your extended summer possession, you will still get that period of time with your kids. You will still get to have summer vacation with your kids; you just won’t get to choose which 30 days that you are with your kids.
The Texas Family Code has already set that you will have possession of your kid(s) on July 1st starting at 6:00 p.m. until 6:00 p.m. on July 31st.
2) If you Missed the April 15th Notice
If you are the managing conservator parent, and you miss (or missed) the notice that is due on April 15th, you will still get some extended possession time with your kids, but you won’t get as much time with them because you will not get the weekend during the possessory conservator parent’s long period of possession.
However, if you give the possessory conservator parent 14 days’ written notice on or after April 16th, you may choose one weekend beginning not earlier than the day after the school is dismissed and ending not later than 7 days before school resumes that the normal weekend time with the other parent won’t take place.
So, the moral of the story is that you get more options if you get your summer possession notice sent, but if not you will still get to see your kids. And, remember that you can always ask the other parent for more time or more flexibility. If you have the Standard Possession schedule it should also have the provision that the parents can always reach a mutual agreement about possession of the children.
For questions about child possession, please call to see Jill O’Connell, 940-497-5454.
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