Asked in Family Law and Child Custody for Texas

Q: In the summer schedule for less than 100 miles it states 30 consecutive days or two separate periods .

When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal expert .

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3 Lawyer Answers

A: When summer possession is taken in two separate periods, it cannot exceed 30 days. The possession order states that it is 30 consecutive days OR two separate periods not to exceed 30 days, and the periods are to be at least 7 consecutive days each. So, most parents, if they are going to take the two separate periods, will typically get the child 15 days each period.

I hope this information helps. Good luck to you.

A: Additionally, in reading your question further, it very well could be that, based on how he structures his summer possession with his weekend possession, his overall possession "during the summer" would exceed 30 days. But, he only gets 30 days of "summer possession".

This could happen if he's not taken the consecutive 30 days of possession. Also, keep in mind that you are allowed to pick one weekend outside of his "summer possession period", that would've otherwise been his weekend, and take that as your weekend, where he doesn't not get that weekend possession.

A: He can take days right after his weekend, Be happy that he is in your child's life . You can take on week away in the summer so you get an extended time.

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