Family Law

Summer Visitation under the Texas Standard Possession Order

By Ted Smith, Attorney · Originally published June 3, 2021. Updated July 16, 2026.

Summer is where the Texas Standard Possession Order (SPO) looks most different from the rest of the year. If your order follows the statutory default, the noncustodial parent (called the possessory conservator) can claim an extended block of summer time, but only if the right notice goes out by the right deadline. Miss it, and a fallback schedule kicks in automatically.

This article covers how summer possession actually works under the SPO. For the full year-round schedule, see our companion piece on what a Standard Possession Order is. The two mistakes to avoid are missing the notice deadline entirely and assuming the default schedule matches whatever a friend’s order said.

The April 1 Notice Deadline

For parents who live 51 to 100 miles apart, Texas Family Code § 153.312 allows the possessory conservator to select summer dates by giving written notice by April 1. Section 153.313 supplies the notice and summer rules for parents who live more than 100 miles apart, while § 153.3171 addresses certain cases filed after September 1, 2021, when parents live 50 miles or less apart. Always match the deadline and options to the correct distance category and signed order.

If notice is not given by April 1, the default summer period applies instead: no dates to choose, just a fixed calendar window set by statute.

How Many Days, and How They Can Be Split

For parents living 51 to 100 miles apart, the extended summer period is generally 30 days. Those days can be taken as one continuous block or split into two periods, as long as each period is at least 7 consecutive days.

For parents living more than 100 miles apart, the default extended summer period is 42 days, beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27. With written notice by April 1, the possessory conservator may select up to two periods totaling 42 days, with each period lasting at least 7 consecutive days and falling within the statutory summer window. Read your actual order closely because modified orders can differ from the statutory default.

Start and end times depend on the distance category, any election, and the signed order. For some cases within 50 miles, the statutory schedule uses school dismissal and resumption rather than 6:00 p.m.

Why the Split-Period Rule Exists

Letting the extended summer time be split into two shorter blocks instead of one long stretch is meant to accommodate real family schedules: a week at a grandparent’s house early in the summer, then another week later on, rather than a single month-long absence from the custodial parent’s home. Whether splitting the time makes sense for your family depends on the child’s age, activities, and how far apart the parents live. A single long block reduces the number of exchanges, which some co-parents prefer; two shorter blocks keep contact with both parents more frequent across the summer.

The Custodial Parent’s Summer Weekend

The SPO is not one-sided. The custodial parent (the managing conservator) also gets protected time during the other parent’s extended summer possession. With written notice by April 15, the custodial parent can claim one weekend that falls inside the noncustodial parent’s extended period, running Friday at 6:00 p.m. to Sunday at 6:00 p.m. Unlike the regular exchange schedule, pick-up and drop-off for this particular weekend is the custodial parent’s responsibility.

If one extended possession period exceeds 30 days, the custodial parent may designate two nonconsecutive weekends during that period, subject to the statutory notice and exchange requirements.

Expanded Standard Possession Orders

Some orders use expanded possession times rather than the base SPO. Expanded schedules can change when possession begins and ends, including by tying exchanges to school dismissal and resumption in certain cases within 50 miles. The governing times depend on the distance category, any election, and the signed order. If you’re not sure which version governs your case, confirm it rather than guessing from a template online.

Why This Matters for Fort Hood Families

Deployment cycles, field training, and PCS timelines don’t wait for April notice deadlines. If you know a move or deployment is coming, talk to an attorney early about how it affects your summer possession rights and whether a temporary modification makes sense. See our military families page for more on how service obligations intersect with family court matters.

Frequently Asked Questions

What happens if the noncustodial parent misses the April 1 notice deadline? The default summer schedule set by the order (or by statute, if the order tracks the standard default) applies instead of a self-selected block of dates.

Can summer possession days be split up? Generally yes, as long as each block meets the minimum consecutive-day requirement in your order.

Does the custodial parent lose their regular time during the noncustodial parent’s summer weeks? The noncustodial parent’s extended summer possession generally supersedes the regular weekend rotation during that period, but the custodial parent retains any protected weekend or weekends provided by the applicable schedule and order.

What if our actual order doesn’t match the standard numbers? Follow what your signed order says. Courts frequently approve modified schedules that differ from the statutory default, especially for military families or long-distance co-parents.

Who do I call if the other parent won’t honor the summer schedule? Document each missed exchange and contact our office. Repeated violations can support a Motion for Enforcement under Texas Family Code § 157.002.

Sources

If you have questions about your specific summer schedule or the other parent isn’t honoring the notice deadlines, call or text (254) 690-5688 for a consultation, or reach us through our contact page.