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What If I Live Over 100 Miles From My Child?

How is Child Custody Impacted if I Live Over 100 Miles From My Child?

In Texas, a non-possessory parent who lives more than 100 miles from the child has several options regarding possession. These options include weekends, Spring Break, and summertime possession. If you have any questions regarding child custody in Texas, it is recommended to contact a family law attorney for further guidance.

Call (832) 781-0320 today for more information.

Weekends

  • 1/3/5 Weekend: The non-possessory parent can see the child on the first, third and fifth weekends of the month from 6:00 p.m. Friday to 6:00 p.m. Friday. This would continue during the school year and during the summer months. However, this is not always practical if the child and non-possessory conservator live in different states or across the county.
  • Alternative Weekend Possession: There is an alternate weekend possession a non-possessory parent can elect for. This would allow the non-possessory parent to select one weekend per month with two weeks’ notice to the possessory parent. The Monday and Friday Holidays remain the same as above, so a non-possessory parent could choose a three-day weekend each month. The weekend’s the non-possessory parent selects must not interfere with Christmas, Thanksgiving, the child’s birthday and/or Mother’s Day. Additionally, these periods of possession begin and end at 6:00 p.m. The non-possessory parent also must elect to have this alternate weekend possession within 90 days after he or she beings to live more than 100 miles away from the child.

Spring Break

A parent who lives more than 100 miles from the child will have Spring Break every year. These periods of possession begin at 6:00 p.m. on the day school is dismissed for the break and end at 6:00 p.m. on the day before school resumes after vacation.

Summertime

Summer possession mostly remains the same for the non-possessory conservator, but also additional days are added. With written notice by April 1 of a given year, the non-possessory parent can elect 42 days instead of 30 days and if he or she fails to elect, the default is June 15 - July 27 beginning and ending at 6:00 p.m.

Further, the possessory parent has the ability to take one of the non-possessory parents first, third or fifth weekend during the summertime as long as it does not conflict with Father’s Day or is during the elected or defaulted extended summer possession. This possessory parent must give written notice of this to the non-possessory parent by April 15 of a year. These periods of possession begin and end at 6:00 p.m.

The big difference here is that the possessory parent can also cut into the non-possessory parent’s elected or defaulted extended summer and take 21 days, provided that it does not conflict with Father’s Day. The periods of time the non-possessory parent can designate must be no more than two separate periods of at least 7 consecutive days, and they must be no earlier than when school is dismissed for summer and end no later than 7 days before school resumes. The periods of time begin and end at 6:00 p.m. This possessory parent must give written notice of this to the non-possessory parent by April 15 of a year.

Child custody can be confusing. If you have any questions, contact an attorney from Hunt Law Firm, PLLC today. 

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