A fresh start is on the horizon as you finalize your divorce. One of the things you look forward to most is creating new memories with your children, such as planning a summer getaway.
However, you might find yourself questioning if you need your ex-spouse’s permission to travel with your children after your Texas divorce. It is helpful to understand the different custody arrangements and how they can affect your summer plans.
Texas custody laws
Texas typically uses the terms “conservatorship” and “possession and access” to replace the often-used phrases “custody” and “visitation”. The judge may grant joint managing conservatorship or sole managing conservatorship in your divorce.
If you have JMC
With joint managing conservatorship, both parents share the decision-making responsibilities. If you want to travel with your children during the summer, you need to communicate with your ex-spouse. The details of your travel plan should align with the terms in your possession and access order. If it does not, or if your ex-partner disagrees with your plans, you may need to seek court approval.
If you have SMC
With sole managing conservatorship, you hold the exclusive rights to make decisions about your child. This typically includes the right to decide on travel. Unless your court order states otherwise, you can plan your summer vacation with your children without needing your ex-spouse’s permission.
Disputes and resolutions
If you and your ex-partner cannot agree, consider mediation or going back to court. Always prioritize your children’s best interests and uphold the terms in your court order.
Your summer getaway should be a time of joy and bonding, not conflict and stress. Remember to keep open lines of communication with your ex-spouse, respect the terms of your possession and access order and focus on creating memorable experiences for your children, so everyone has a great summer vacation.