Vacation, Travel, and Custody Orders: What Texas Parents Need to Know Before Summer

As summer approaches, many parents start planning vacations, family trips, and time away with their children. But if you’re divorced or navigating a custody case in Texas, travel isn’t always as simple as booking a flight and packing a bag.

Your court order - not your travel plans - controls when and how you can travel with your child.

Here’s what you need to know before you finalize those summer plans.

📅 1. Your Possession Schedule Controls Travel

In Texas, your ability to travel with your child depends entirely on your possession schedule under your court order.

If you have possession:

You typically have the right to travel with your child
You do not need permission (unless your order says otherwise)

If it’s the other parent’s time:

You cannot take the child without agreement
Even short trips can violate the order

⚠️ Important: Violating a possession order can lead to enforcement actions, including fines, attorney’s fees, or worse.

✈️ 2. Out-of-State and International Travel May Have Additional Requirements

Many Texas custody orders include:

Geographic restrictions (limiting where the child can live)
Travel notice requirements
Passport provisions

For international travel, you may need:

Consent from the other parent
Access to the child’s passport
Advance notice

If your order is silent, it doesn’t always mean unrestricted travel is allowed, especially internationally.

📆 3. Summer Possession Can Override the Regular Schedule

Summer possession in Texas often includes:

Extended periods of possession for one parent
Election deadlines (typically April 1)
Modified exchange schedules

If elections weren’t properly made, the default schedule applies, which can dramatically impact your travel plans.

🧳 4. Communication Prevents Conflict

Even when not required, it’s always a good idea to:

Share your travel itinerary
Provide contact information
Discuss expectations in advance

This reduces misunderstandings and helps avoid unnecessary legal disputes.

⚖️ 5. When to Talk to an Attorney

You should consult with an attorney if:

Your order is unclear about travel
The other parent is refusing reasonable travel
You want to travel internationally
You need to modify your order to allow flexibility

A short conversation now can prevent a costly dispute later.

💬 Final Thoughts

Summer should be a time for making memories, not navigating legal problems.

Before you book your trip, take a few minutes to review your court order or have an attorney review it with you. Understanding your rights and responsibilities ensures your vacation stays stress-free.

📞 Need Help?

At Mohr Law Group, we help parents navigate custody issues with clarity and confidence. If you have questions about your possession schedule or travel rights, we’re here to help.