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

Summer Custody Schedules – Distance Matters

Monday’s post took a look at how the standard Texas divorce handles child custody over spring and summer breaks when kids are out of school. When figuring out custody during breaks, a key word for both sides to remember is “notice,” as notice requirements can have an important impact on when you are able to spend time with your child. Failing to abide by these requirements can limit the time or flexibility you have in scheduling time with your child.

Custodial parent’s rights during non-custodial parent’s summer custody

Consider the case where a non-custodial parent provided notice to the custodial parent about having possession of their child for 30 days during the summer. The custodial parent can provide notice that, during these 30 days, the custodial parent will have one weekend that he or she can spend with the child. The only caveats are that the weekend lasts from 6 p.m. Friday until 6 p.m. Sunday, the custodial parent has to pick the child up and return him or her to the non-custodial parent on Sunday, and the weekend cannot interfere with Father’s Day if the non-custodial parent happens to be the child’s father.

Distance between parents matters

Custody requirements are different for parents who live close (within 100 miles of each other) and those that live greater than 100 miles from each other. For example, for the non-custodial parent’s extended summer custody request, written notice must be occur by April 1 for 30 days. If the parents live more than 100 miles apart, the April 1 notice is the same, but the non-custodial parent can request 42 days of extended summer custody.

What advice do you have for other divorced parents who are learning to navigate custody and visitation arrangements for the first time?

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

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