Missed the April 1 Summer Possession Deadline in Texas?

If you are a noncustodial parent in Texas and April 1 came and went without you filing your written summer possession notice, you are not alone — and you are not out of options. Every year, parents across Montgomery County miss this critical deadline and panic, unsure whether they have lost their summer time entirely. The short answer is no. You still have summer possession rights. But the schedule that applies to you just changed, and understanding what that default window looks like is the difference between a smooth summer and a stressful one.

At Griffin & Cain, Attorneys at Law, our Conroe family law attorneys help parents in Montgomery County, Walker County, and The Woodlands navigate possession schedules, enforcement actions, and modifications every day. If you have questions about your summer custody rights, call us at (936) 441-2999 for a free consultation.

What Is the April 1 Deadline Under the Texas Standard Possession Order?

Under Texas Family Code §153.312, the noncustodial parent in a Standard Possession Order has the right to designate up to 30 days of summer possession. Those 30 days can be split into two separate periods, each at least seven consecutive days long. However, the parent must provide written notice of their chosen dates to the custodial parent by April 1 of each year.

The custodial parent then has until April 15 to designate one weekend of possession during the noncustodial parent’s summer period. This back-and-forth notice system exists so both parents — and their children — can plan vacations, camps, and travel with enough lead time to avoid conflict.

If you have an Extended Standard Possession Order, the same April 1 deadline applies, but the default periods and pickup/drop-off times may differ slightly depending on when your order was entered.

What Happens If You Missed the April 1 Deadline?

Missing the deadline does not eliminate your summer possession. Instead, Texas law provides a default summer period that kicks in automatically. Under the Standard Possession Order for parents who live within 100 miles of each other, the default period is:

July 1 at 6:00 p.m. through July 31 at 6:00 p.m.

That is your 30-day block. You did not choose it — the statute chose it for you. For parents who live more than 100 miles apart, the default summer period is 42 days, running from June 15 at 6:00 p.m. through July 27 at 6:00 p.m.

During your default summer period, the regular weekend and Thursday possession schedule is suspended. The custodial parent retains the right to designate one weekend of possession within your summer window, provided they gave notice by April 15.

Can You Still Negotiate Different Dates?

Absolutely. The April 1 deadline governs the formal notice process under the court order, but nothing prevents you and your co-parent from agreeing to a different arrangement informally. If both parents are willing to cooperate, you can choose dates that work better for everyone — different weeks in June, a split between June and August, or dates that align with camp schedules and family reunions.

The critical caveat: informal agreements are not enforceable. If your co-parent agrees to let you take the kids in June instead of July, and then changes their mind, the court will enforce the default July 1–31 period — not your handshake deal. If you want a different summer schedule that carries the weight of a court order, you need a formal modification.

Our Montgomery County family law attorneys can help you determine whether a modification makes sense for your situation, or whether the default schedule works well enough to leave in place.

Common Problems During Default Summer Possession

In our experience handling custody disputes in Montgomery County, the default July 1–31 window creates predictable friction points that parents should prepare for:

Vacation and camp conflicts

Many families have already booked summer camps or vacations for June or early July before realizing the default window locks them into July 1–31. If you have non-refundable commitments outside that window, document them now and attempt to negotiate with your co-parent in writing — text messages or email, not phone calls — so you have a record of any agreement.

Pickup and drop-off disputes

The default times are 6:00 p.m. on July 1 and 6:00 p.m. on July 31. Some parents show up at the wrong time, or at a location not specified in the order. Review your order carefully for the designated exchange location. If your order says “the residence of the custodial parent,” that is where you go — not the school, not a parking lot, and not your own house unless otherwise specified.

The custodial parent’s weekend

If the custodial parent properly designated a weekend within your July 1–31 window by April 15, you must return the children for that weekend. Missing this detail can lead to an enforcement action. If you are unsure whether the other parent filed their weekend notice on time, check your records or ask your attorney to review the file.

Interference with possession

If your co-parent refuses to turn over the children on July 1, or cuts your time short by picking them up early, you may have grounds to file a Motion to Enforce. Under the Texas three strikes visitation law (SB 2794), repeated interference with court-ordered possession can now result in criminal penalties, including a state jail felony after three violations within a two-year period.

How the ESPO Changes Affect Summer Possession in 2026

Parents whose orders were entered on or after September 1, 2021, may have an Extended Standard Possession Order as their default schedule. Under the ESPO, the noncustodial parent already receives more midweek overnight time during the school year. The summer possession provisions remain largely the same — 30 days for parents within 100 miles, 42 days for parents beyond — but the pickup and drop-off times may reference school dismissal rather than fixed clock times.

If your order was entered before September 1, 2021, and you want to take advantage of the expanded schedule, you would need to file a modification to update your possession order to the current statutory default.

What About Parents Who Live More Than 100 Miles Apart?

If you and your co-parent live more than 100 miles apart and you missed the April 1 deadline, your default summer window is longer — 42 days — running from June 15 at 6:00 p.m. through July 27 at 6:00 p.m. You also have the right to every spring break, regardless of odd or even years, and the option to elect one weekend per month instead of the first, third, and fifth weekend schedule.

For Walker County parents whose co-parent has relocated to the Houston metro area, or vice versa, the 100-mile measurement is calculated from residence to residence. If you are close to the line, it is worth verifying the exact distance because it determines which default schedule applies.

Steps to Take Right Now

Even though the April 1 deadline has passed, there are concrete steps you can take today to protect your summer parenting time:

First, read your court order in full. Pull it out, find the section titled “Possession and Access,” and confirm whether you have a Standard Possession Order or an Extended Standard Possession Order. Note the exchange times, locations, and any special provisions your judge may have included.

Second, send a written message to your co-parent confirming that you intend to exercise your default summer possession beginning July 1 at 6:00 p.m. Use text or email so it is documented. You do not need to do this legally, but it eliminates the “I didn’t know you wanted them” excuse.

Third, if the default July dates create a genuine hardship — overlapping with a family medical issue, a pre-booked vacation, or a work obligation — consult with an attorney about whether a modification or agreed order makes sense.

Fourth, if your co-parent has a history of interference, begin preparing your enforcement case now. Document every denied exchange, every late pickup, and every unilateral schedule change.

Talk to a Montgomery County Custody Attorney Before Summer Starts

Summer possession disputes are among the most common — and most preventable — family law issues we handle at Griffin & Cain. Whether you missed the April 1 deadline, your co-parent is threatening to withhold the children, or you want to modify an outdated order before your child starts a new school year, our attorneys are here to help.

Call our Conroe office today to schedule a free consultation. We serve families across Montgomery County, Walker County, The Woodlands, Magnolia, Willis, and Huntsville.