Hi everyone, Chris Schmiedeke from Divorce Simplified. I hope everyone is having a wonderful summer. Let’s talk about the month of July 2022 under the Texas Standard Possession Order.
In the video, I have laid out the calendar for the month of July 2022. The yellow is the non-custodial parent. Obviously, the blue is the custodial parent. So as you can see, I’ve given the entire month of July to the non-custodial parent. That is because I am assuming that there were no specific dates picked by April 1st by the non-custodial parent. Since there’s no way for me to know what specific dates the non-custodial parent may have picked, I’m just going to stick with the default date. So if the non-custodial parent does not pick custom dates by April 1st of the year, then it defaults to July 1st to July 31st. Because the extended summer possession is a “holiday”, there are no weekends to speak of in here because the summer possession overwrites the weekend possession. So this entire month would belong to the non-custodial parent.
Switching gears, custodial parent, if you gave notice by April 15th of a weekend inside the non-custodial parent’s extended summer possession, you would get that weekend, Friday at 6 pm to Sunday at 6 pm. Now, I have just picked July 15th as a point of reference in the calendar, but you could have picked the 8th, the 22nd, the 29th, or the 1st of July. Any of those could have been picked. As you are looking at the calendar, you would simply move the blue weekend to that specific weekend. If you (custodial parent) did not give notice by April 15th, then you will have forfeited this weekend inside the extended summer possession. The non-custodial parent will have the entire month. So custodial parent, you have to have given notice by April 15th to have picked this weekend, or any weekend inside the extended summer possession. So the way it would work is if the non-custodial parent does not give you notice by April 1st, it defaults to July 1st to July 31st. You then have until April 15th custodial parent, to pick a weekend inside those default dates of July 1st to July 31st. I hope that makes sense.
Now, custodial parent, do not forget that you get a weekend outside of the extended summer possession, one that you can steal from the non-custodial parent. For this weekend, you can give notice by April 15th, but you can also give 14 days’ notice. This is different than the above weekend, inside the extended summer possession, where you have to give notice by April 15th. So if you went back to June, you would have had the ability to steal one of the weekends in June that would otherwise have gone to the non-custodial parent. Or if you jump over to August, you could steal the first weekend in August. You’re going to run up against school starting in August at some point, so you would have to pick pretty early on in August, but you could still get the first weekend, which would otherwise have been the non-custodial parent’s first Friday of the month. We have all learned from prior videos that the non-custodial parent gets the first, third and fifth Fridays of each month throughout the summer.
So the month of July is pretty easy and the entire month pretty much goes to the non-custodial parent. Custodial parent, if you gave notice by April 15th, as we discussed, you would have been able to pick one of those weekends in the month of July. If you did not, then the non-custodial parent will get the entire month of July. Do not forget, custodial parent, you also get one weekend outside of the extended summer possession and you simply have to give 14 days’ written notice. It could have been in June, it could be in the first part of August, but you also get another weekend. I hope that helps. Talk to you soon.
I was born in Dallas and spent the majority of my life here. I moved to Denver in the middle of the first grade and moved back to Plano in the middle of the eleventh grade. I graduated from Plano Senior High in 1984 and then attended Richland College and the University of North Texas where a received a Bachelor of Business Administration. From there I attended the Texas Tech University School of Law and was licensed to practice law in May of 1993.