Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

Phone: 713-877-8800 • Fax: 713-877-1229

Child Custody Over the Summer and Other Breaks

Now that summer has started, a problem that often arises for divorced couples with children is how their visitation schedule changes when their child is out of school. Ordinarily, Texas family law uses a standard plan that details how the parents should handle this situation.

The standard plan presumes that one parent has primary custody of the child and that the other is the non-custodial parent. This is the case even when both parents are joint managing conservators (a legal term meaning that both parents have the right to make major decisions impacting their child’s life). In other words, one parent has to be the one with primary child custody.

Spring breaks

The non-custodial parent gets custody of his or her child during spring breaks in even-numbered years. For example, because 2012 is even-numbered, the non-custodial parent will have custody of the child during spring break lasting from 6 p.m. on the day the child finishes school before break until 6 p.m. the day before the child returns to school.

Summer breaks

The non-custodial parent gets 30 days during which he or she will have custody of the child. When the 30 days take place depends on whether the non-custodial parent gives notice. If the parent gives notice to the custodial parent before April 1, the non-custodial parent can use those 30 days during one or two periods of summer vacation. If no notice is given, Texas law requires that the non-custodial parent’s 30 days take place during the month of July.

How have you managed prior spring and summer breaks with your ex-spouse? What advice would you share with newly divorced parents?

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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