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Legal Information: Texas

Custody

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Updated: 
July 28, 2023

When can the managing conservator have the child during the summer when the parents live more than 100 miles apart?

If the managing conservator wants to see the child during the time that the possessory conservator has summer vacation visitation, s/he must give the possessory conservator written notice by April 15. The managing conservator can have the child according to the following schedule:

  • for one weekend, beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday, during one period of the possessory conservator’s time with the child; or
  • for two such weekends if the possessory conservator has the child for more than 30 consecutive days.1

The managing conservator must pick up and return the child from the possessory conservator for this time.1

The managing conservator can also set aside (designate) a period of 21 days with his/her child during the summer beginning no earlier than the day after school is dismissed for the summer and ending no later than seven days before school resumes, when the possessory conservator cannot have the child. The 21 days can be taken all at once or in two separate periods of at least seven consecutive days, beginning and ending at 6 p.m. This allows the managing conservator to take a vacation with the child, for example, without having to worry about being home in time for the possessory conservator’s usual visitation. However, these 21 days cannot interfere with the possessory conservator’s 42 days of planned summer vacation time or with Father’s Day, if the possessory conservator is the father of the child. Written notice to the possessory conservator by April 15 is required to set aside this time.2  

1 Tex. Fam. Code § 153.313(4)
2 Tex. Fam. Code § 153.313(5)