Summer can be an exciting time for families, offering vacations, camps, and extra opportunities for parents to spend meaningful time with their children. But, for divorced or separated parents, summer can also create confusion and conflict when custody schedules are not clearly understood.
First and most important, do you have a child custody order? If there is no child custody order, you must rely on the other parent following through on agreements and being reasonable. If there is an underlying child custody order, you must understand its terms to know your obligations under the order and how it can be enforced.
Know Your Order
Summer possession schedules may vary, especially when the parties have something other than what is “standard.” And even if you believe that you have a “standard possession order,” you must know and understand how your personal order is written, because there could have been mistakes made in the drafting process or the law could have changed slightly since your order was entered. It is not unusual for parties to make minor changes to a standard possession order during negotiations that could have a significant effect on how the order is enforced. One thing you should never do? Rely upon social media or artificial intelligence to interpret your order or otherwise tell you how to read your own order – there is too much room for misinformation or error.
Vacation, Camp, and Event Scheduling
Parents may compete over holiday weekends, family trips, or special events. Oftentimes, parents may want their children to be included in family events that do not happen during their court-allotted parenting time. When that is the case, you must rely on the other parent to reach an agreement to switch time or otherwise permit the children to attend. Your great nephew’s wedding is not a must-attend for a child, at least not when it interferes with your co-parent’s parenting time. Disputes often arise over camp schedules, costs, and whether activities interfere with visitation time. If you want your children to attend camp, you need to schedule it at your own time, unless the other parent agrees.
Can Parents Create Their Own Summer Schedule?
Yes, if the parties agree in advance. Most custody agreements state that the parties will follow the schedule set forth in the court order, unless the parties agree otherwise. Any agreement should be documented clearly in writing to avoid misunderstandings later.
What Happens if a Parent Violates the Custody Order?
When a parent violates a child custody order, consequences may include contempt of court (which carries a potential penalty of fines and jail time), make-up time, attorneys’ fees, and, in circumstances where there are repeated or egregious violations, modifications to the underlying child custody order may result.
Keeping accurate records and communicating in writing can help protect parents in the event of disputes.
Keeping the Focus on the Child
Summer custody disputes can be stressful for everyone involved, especially children. Courts always prioritize the child’s best interests when making custody decisions. Remember this – your child has been eagerly awaiting their summer break. Prioritize giving them a peaceful, fun summer, with each parent’s time respected and without conflict.
A clear and organized summer schedule can provide children with stability while allowing them to enjoy quality time with both parents.
Experienced Child Custody Guidance in Texas
Every family’s situation is different. Whether you are negotiating a parenting plan, seeking a custody modification, or dealing with visitation disputes, experienced legal guidance can help protect your parental rights and your child’s future.
At The Bihm Firm, PLLC, we assist Texas parents with child custody, visitation, and family law matters throughout The Woodlands and surrounding areas. Katherine Bihm is not board-certified in family law. This article is for public information purposes only.
Any content, resident submissions, guest columns, advertisements, and advertorials are not necessarily endorsed by or represent the views of Best Version Media LLC (BVM) or any municipality, homeowners associations, businesses, or organizations that this publication serves. BVM is not responsible for the reliability, suitability, or timeliness of any content submitted, inclusive of materials generated or composed through artificial intelligence (AI). All content submitted is done so at the sole discretion of the submitting party.
