Serving Clients Across Texas

April 1st Possession Designation is Upon Us

An important deadline contained in Texas divorce decrees in which to designate your intended 30 days of extended summer possession is April 1st. The Texas Standard Possession Order awards a non-primary parent the 1st, 3rd, and 5th weekends of the summer months as well as 30 days extended summer possession in the summer. The primary parent in turn gets to pick one of the 1st, 3rd, and 5th weekends, which would have been the non-primary parent’s weekend, to have possession of the children as well as one weekend during the non-primary parent’s 30 days of extended summer possession.

The Texas Standard Possession Order states that April 1st is the deadline for the non-primary parent to give written notice to the primary parent of their intended dates for their 30 days of extended summer possession. These 30 days can only be exercised in two periods of possession and each period of possession must be at least seven consecutive days. Additionally, a parent’s extended summer possession can begin once school is dismissed and must end at least seven days before school resumes at the end of the summer.

What happens if you miss the April 1st deadline? Should you not designate any extended summer possession dates by April 1st, you will be entitled to July 1 – 31st that summer.

A question that is frequently asked is “can I use a weekend of summer possession in addition to my extended summer possession to make my time with the children 32 days?” The answer is yes, you can. However, keep in mind that the primary parent has until April 15th each year to designate a weekend period of possession that will occur during your regular 1st, 3rd, and 5th weekend as well as a weekend during your extended summer possession.