Dayton, TX asked in Family Law and Child Custody for Texas

Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where explained to me when I signed them. I was also told that when school let out that summer possession trumped my regularly visits so that is why I was asking if summer possession over takes my regular weekend visits.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your weekEND (1st, 3rd, and 5th Friday) year-round subject to the other parent's holiday and summer periods of possession. Typically, during the school year, your weekend begins at the time school is recessed on Friday and continues until the time the child's school resumes after the weekend. During the summer, your weekend begins at 6:00 pm Friday and continues until 6:00 pm Sunday.

Normally, under the standard possession schedule in Texas, you would get 30 days of summer possession which you can take in no more than two separate periods of at least 14 days each. The other parent would get one weekend during your summer possession when that parent would get the kids AND would get to designate one other weekend during the summer when you would have your standard weekend (1st, 3rd, or 5th) possession when they will instead get the kids as long as that does not interfere with your summer possession or Father's Day possession if you are the father of the kids.

But the parties can agree on terms different than the standard possession schedule, or the court can order different terms. That is why it is important to read your particular possession order. With respect to summer possession, look carefully at not only your summer possession but also the other parent's summer possession.

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