When school’s out and summer rolls around, most parents breathe a little easier. But for divorced or separated parents, summer can bring its own set of challenges—especially when it comes to visitation. If you live in Texas and you’re co-parenting under a custody order, there’s a good chance your schedule is based on the Standard Possession Order (SPO) outlined in the Texas Family Code.
But what exactly does that mean during the summer months? And what happens when travel, camps, or unexpected plans get in the way?
Let’s break it down so you know what to expect—and how to avoid unnecessary conflict.
What the Standard Summer Schedule Usually Looks Like
Under a typical SPO, the non-custodial parent (called the possessory conservator in Texas) is entitled to 30 days of extended summer possession. This time doesn’t replace their regular weekends or Thursday visits—it’s in addition to them.
Those 30 days don’t have to be taken all at once. They can be split into two separate periods of at least seven days each, as long as you give notice in advance—usually by April 1st. If no dates are selected by the deadline, the default summer schedule kicks in: July 1st to July 31st.
If you didn’t agree on summer dates—or missed the notice deadline—you might be stuck with the default. But it’s still possible to work things out if both parents are flexible.
What Happens If One Parent Wants to Travel?
Let’s say your ex wants to take the kids out of state—or even out of the country—for part of their summer possession. That’s not automatically a problem, but it depends on your specific court orders.
You should check:
- Does your order require written permission for travel?
- Are you entitled to receive the full travel itinerary, contact info, or flight details?
- Have you and your ex communicated about travel plans in writing?
Even if it’s not legally required, it’s always smart to be upfront. A simple miscommunication can quickly turn into a legal headache.
What If You Both Have Summer Plans?
Conflict over summer scheduling often happens when both parents want to travel or enroll the child in activities that overlap. Camps, family reunions, sports programs—everyone’s calendar fills up fast.
Here’s the key: your court order doesn’t care whose plan is “more fun.” The summer possession schedule is about enforcing time, not making judgment calls on whose trip is better. If your parenting plan doesn’t give priority or flexibility, it may come down to first-come, first-served—or following the exact wording of your court order.
That’s why communication is critical. If you can talk it out in May instead of arguing in July, everyone benefits—especially your child.
Can You Modify the Summer Schedule?
Absolutely. If you and your ex are on good terms, you can agree to modify the summer schedule in writing—even just for a single year. Some parents choose to alternate every other summer for international travel, or to split the month more evenly when the child is younger.
But if flexibility isn’t working and the schedule is becoming a source of conflict every summer, you may want to request a modification of your custody order. Texas courts allow modifications if there’s been a material change in circumstances, such as changes in work schedules, relocations, or the child’s needs.
Final Thoughts
Summer should be a time for making memories—not navigating stress and confusion over court orders. If you’re divorced or co-parenting in Texas, make sure you understand how the summer schedule works and what your rights (and responsibilities) are under your current order.
At Sandoval Family Law, we help parents in Austin and across Texas understand their custody rights and resolve scheduling issues without unnecessary conflict. Whether you’re dealing with last-minute travel plans or looking to modify your order for next year, we can help.
Need help with your summer visitation schedule? Contact us today.