Child Custody in Summer: What If a Parent Doesn’t Elect Their Extended Period of Possession?

Summer breaks often bring a shift in routines, particularly for divorced or separated parents sharing child custody. In Texas, the standard possession order typically allows the non-custodial parent an extended period of possession during the summer months. However, what happens if one parent chooses not to elect their extended period of possession? This post explores the implications and options available in such scenarios.

Understanding Extended Summer Possession

Under Texas family law, the non-custodial parent usually has the right to an extended period of possession during the summer, often up to 30 days. This arrangement is intended to balance the parental duties and ensure that both parents maintain a meaningful relationship with their children, especially when regular schedules during the school year might not allow for prolonged visits.

For more detailed insights into the specifics of these custody arrangements, you can visit family law child custody.

If a Parent Does Not Elect Extended Possession

If the non-custodial parent decides not to exercise this right to extended summer possession, several factors come into play:

1. Standard Possession Stands: Typically, if no extended summer possession is elected, the standard possession order remains in effect. This means that the usual weekend and possibly mid-week visitations continue without the extended break.

2. Notification Requirements: It’s crucial for the non-custodial parent to notify the custodial parent if they do not intend to use their extended summer possession rights. The specifics of when and how this notification should be made are often detailed in the court order.

3. Impact on Child Support: Choosing not to exercise extended summer possession does not typically affect child support payments. These payments generally continue as outlined by the court order unless a formal modification is made.

For guidance on how joint custody functions during the summer and other times, refer to joint custody in Texas.

Options for Custodial Parents

For custodial parents, the non-election of extended summer possession by their counterpart can be challenging, especially when it comes to planning activities and managing expectations during the summer months.

Legal Consultation: It’s advisable for custodial parents to consult with a child custody attorney to understand their rights and any potential changes to the custody agreement. A skilled attorney can provide insights into how to manage such situations effectively. For expert legal advice, consider consulting a child custody attorney in Plano.

Seeking Modifications: If the non-custodial parent’s decision becomes a pattern or if it disrupts the child’s life significantly, the custodial parent may consider seeking a modification of child custody. Modifications can adjust the terms to better reflect the current circumstances and ensure the child’s best interests are being met.

The decision by a non-custodial parent not to elect their extended period of possession during the summer can have various implications for both the custodial environment and the child’s summer experience. Parents should handle such situations with clear communication and, where necessary, with the guidance of a skilled family law attorney to ensure that the child’s best interests remain the priority.