Summer is supposed to be a time for making memories with your children — beach trips, family reunions, visits to grandparents, or a long-awaited vacation. But when you are co-parenting after a divorce, planning summer travel can quickly become complicated. Understanding your rights and responsibilities under your custody order before summer arrives can save you from unnecessary conflict, legal trouble, and heartbreak.
If you have questions about your parenting plan or believe your rights are being violated, do not wait — contact us today through our online contact form or call us at (940) 293-2313 to speak with our team.
What Your Custody Order Says About Summer Travel
The starting point for any summer travel question is your existing custody order — the legal document issued by a court that outlines how parental rights and responsibilities are divided between you and your co-parent. In Texas, this document is often called a Parenting Plan or a Suit Affecting the Parent-Child Relationship (SAPCR) order. It typically includes a possession schedule that covers both the school year and the summer months.
Many Texas custody orders follow what is known as the Standard Possession Order (SPO), which gives the non-primary parent extended time during the summer — often 30 days or more. However, each order is unique, and the specific terms in your order will govern what you can and cannot do when it comes to travel. Reading and understanding your order is the single most important step you can take before making any travel plans.
Summer Possession Schedules in Texas
Under the Texas Standard Possession Order, parents are typically required to give written notice of their intent to exercise extended summer possession. For example, if you plan to have your child for an extended summer period, you may need to notify the other parent by April 1st of that year. Missing these deadlines can affect your right to that time, so it is worth marking them on your calendar well in advance.
Some orders go further and include specific travel notification requirements, such as providing a detailed itinerary, contact information, and emergency numbers. If your order has these provisions, following them is not optional — it is a legal obligation.
Do You Need Permission to Travel With Your Child?
Whether you need the other parent's consent to travel with your child depends on where you are going and what your custody order says. Traveling within Texas is generally less restricted, but many orders still require you to notify the other parent before taking a trip. Traveling out of state typically requires advance written notice to the co-parent, and some orders require mutual written consent.
International Travel and Passport Rules
International travel with a minor child requires extra preparation, especially when parents share parental rights. The U.S. Department of State generally requires consent from both parents when applying for a child's passport. If one parent refuses to consent to a passport application or to international travel, you may need to seek a court order allowing the trip.
Even if your child already has a valid passport, many countries have their own entry requirements to help prevent parental abduction. Some countries require a notarized letter of consent from the non-traveling parent, along with copies of the custody order. Planning ahead and consulting with an attorney before an international trip can prevent significant problems at the border.
What to Include in a Summer Travel Agreement
When both parents are willing to work cooperatively, putting a clear written agreement in place before summer travel begins is a smart way to prevent misunderstandings. Many co-parents find that addressing key details in advance makes the entire process smoother for everyone involved — especially the children.
Here are some important items to address in a summer travel agreement:
- The specific dates and destinations for all planned trips
- Emergency contact information and where the child will be staying each night
- A schedule for phone or video calls with the non-traveling parent
- How travel costs will be shared, if applicable
- The process for handling unexpected changes to the itinerary
- Confirmation of who holds the child's passport and travel documents
Having these details in writing protects both parents and gives your child a sense of stability during travel. If a dispute arises, a written agreement can also serve as evidence of what was mutually understood and agreed upon.
When a Co-Parent Refuses to Allow Summer Travel
Unfortunately, not all co-parents cooperate willingly, and one parent may refuse to allow travel even when the other parent has every legal right to take the trip. When this happens, it is important to understand your options and to act quickly — especially if summer is approaching.
If you believe a co-parent is unlawfully interfering with your parental rights, taking the following steps can help protect your position:
- Review your custody order carefully to confirm your legal rights regarding travel
- Document all communications with the other parent, including refusals and the reasons given
- Reach out to a family law attorney promptly to understand your enforcement options
- Consider requesting mediation to resolve the dispute outside of court
- File a motion for enforcement with the court if the other parent is in violation of the order
Courts in Texas take violations of custody orders seriously. A parent who repeatedly interferes with the other parent's court-ordered time may face legal consequences, including contempt of court. Acting promptly and with the guidance of an attorney gives you the best chance of resolving the issue before your travel window closes.
When Modifications to a Custody Order Make Sense
Sometimes the issue is not that a co-parent is refusing to follow the order — it is that the existing order no longer fits your family's current reality. If your child custody arrangement no longer works for your schedule, your child's needs, or your summer plans, it may be time to seek modifications to the order.
In Texas, a court can modify a custody or possession order when there has been a "material and substantial change in circumstances" since the last order was put in place. This legal standard means the change must be significant — not just a minor inconvenience. Examples might include a parent relocating, a child's evolving school or extracurricular schedule, or a meaningful shift in a parent's work situation.
Modifications go through the court system and require approval from a judge. In the meantime, both parents are still legally required to follow the existing order. Working with a knowledgeable attorney can help you determine whether your situation meets the legal threshold for a modification and guide you through the steps involved.
Speak With a Frisco Family Law Attorney About Your Child Custody Rights
Navigating summer travel as a co-parent can feel overwhelming, but you do not have to figure it out alone. Whether you need help understanding your custody order, enforcing your parental rights, or pursuing modifications to better reflect your family's current needs, clear legal guidance can make all the difference.
Coker, Robb & Cannon, Family Lawyers is here to walk with you through every step of your co-parenting journey. Our team serves families in Frisco and throughout the surrounding area, and we are committed to helping you protect what matters most — your relationship with your children. To speak with a member of our team, reach out through our online contact form or call us at (940) 293-2313.