Summer Visitation and Custody: Your Rights When Planning a Trip

Summer should be a time for making memories with your children—not navigating custody conflicts. If you’re recently divorced or share custody, you may be wondering: Can my ex stop me from taking the kids on vacation? The answer depends on your specific custody agreement and whether your parenting plan allows for out-of-town or extended travel.

At Newberry Law, P.L.L.C., we help parents understand their rights and responsibilities when it comes to summer visitation and custody. Here’s what you need to know before planning a trip.

summer vacation child custody

Review Your Custody Agreement First

Your first step should always be reviewing your current custody order or parenting plan. In Texas, these agreements often include provisions for summer possession, travel notification requirements, and limitations on where a parent can take the child. Whether you have joint managing conservatorship or sole custody, your vacation plans must align with the terms outlined in your court order.

An experienced Austin divorce lawyer can help you interpret the language of your agreement and avoid any unintended violations.

Planning for Summer Visitation and Custody

In joint custody arrangements, both parents typically share legal decision-making for major issues—including travel. That means communication and cooperation are key. Be proactive by discussing your summer vacation plans early. Provide clear details such as:

Destination and travel dates

Travel itinerary or flight info

Emergency contact information

Working together can prevent misunderstandings and make the process smoother for everyone—especially your children.

When Permission Is Required

Some custody agreements require one parent to get written consent from the other before traveling with the children, particularly for out-of-state or international trips. If that’s the case:

Request permission in writing

Include detailed plans and contact info

Keep a record of all communications

If your ex refuses permission without valid reason, speak to your Austin family law attorney to determine the best legal path forward.

If Disagreements Arise

Disputes over summer visitation aren’t uncommon—but they don’t always need to end up in court. Mediation can be a productive option for resolving travel-related conflicts. However, if your ex is being unreasonably difficult or violating the terms of the custody order, your attorney can file a motion with the court to enforce your rights.

The Court Focuses on the Child’s Best Interests

Texas family courts always prioritize the best interests of the child. If your ex is blocking reasonable travel plans that would benefit your child—especially without legal justification—the court may step in to ensure fairness.

A knowledgeable Austin child custody lawyer can present your case clearly, advocate for your parenting time, and work to preserve your relationship with your children.

Final Thoughts

Planning a vacation should be exciting—not stressful. If you’re unsure about your rights or facing resistance from your ex, don’t navigate it alone. At Newberry Law, P.L.L.C., we help parents protect their time with their children and stay compliant with Texas custody laws. If you’re unsure how your order affects summer visitation and custody, consult an attorney.