Custody

If the possessory conservator lives more than 100 miles from the residence of the child, the standard possession schedule for the possessory conservator would likely be different than the schedules for when a parent lives within 50 miles or within 100 miles. In this situation, the possessory conservator will usually have the right to possession of the child for the following times:

1. for weekends, either:
   • beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; or
   • not more than one weekend per month that the possessory conservator chooses, beginning at 6 p.m. on the day school lets out for the weekend and ending at 6 p.m. on the day before school resumes after the weekend. Note: For this option, the possessory conservator would have to give the other parent:
     • written notice within 90 days of moving more than 100 miles away; and
     • notice in writing or over the phone at least 14 days before choosing the weekend for the visit;
2. for spring vacation, beginning at 6 p.m. on the day the child is dismissed from school for the vacation and ending at 6 p.m. on the day before school resumes after the vacation; and
3. for summer vacation, either:
   • 42 days, beginning no earlier than the day after school is dismissed for the summer and ending no later than seven days before school resumes. The 42 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. if the possessory conservator gives the managing conservator notice about the chosen dates by April 1; or
   • 42 consecutive days beginning 6 p.m. on June 15 and ending at 6 p.m. on July 27 if the possessory conservator does not give the managing conservator notice of the chosen dates by April 1.¹

Note: The managing conservator may still get to see the child during the possessory conservator’s 42 days of summer vacation. See When can the managing conservator have the child during the summer when the parents live more than 100 miles apart?

¹ Tex. Fam. Code § 153.313(1), (2), (3)