08 Jul Can My Ex Stop Me From Taking My Child on Vacation in Texas?
Summer is here and you want to take your child somewhere fun. Then your ex says no. If this sounds familiar, you are not alone. Parents across Denton County ask this question every year, and the honest answer is that it depends on what your court order actually says.
Not legal advice. This article explains general Texas law. For guidance on your specific order, talk with a family law attorney.
Start With Your Court Order, Not Your Ex’s Opinion
In Texas, custody is called conservatorship, and the schedule for when each parent has the child is called possession. Most Texas orders follow the Standard Possession Order, a set schedule found in the Texas Family Code. If your order does not give your ex the power to approve or deny travel during your period of possession, then your ex’s objection alone does not carry legal weight.
During your own period of possession, you generally have the right to decide how you spend that time with your child, including taking a trip, as long as you follow two things: any geographic restriction in your order, and the notice or return requirements your order spells out.
What Is a Geographic Restriction?
A geographic restriction limits where the child’s primary residence can be, often to a specific county or group of counties, such as Denton County and the counties next to it. This restriction usually controls where the child lives day to day. It does not automatically ban short trips outside that area for vacation, but some orders do include separate travel limits. Read your order closely, or have an attorney read it with you, before you assume a vacation is or is not allowed.
Summer Possession Has Its Own Rules
If you are the parent who does not have the child most of the time, Texas law gives you an extended period of summer possession, typically 30 days, if you send written notice to the other parent by April 1 of that year. Without that notice, the law defaults to July 1 through July 31. The other parent can also claim one weekend during your extended time if they give proper written notice by April 15. These deadlines matter. Missing one can cost you vacation time you were counting on.
Domestic Travel Versus International Travel
Taking your child to another state for vacation is usually treated the same as any other trip during your possession period, subject to the rules above. International travel is different because a passport is required, and federal rules generally require consent from both parents before a passport is issued to a child under 18. If your ex refuses to sign passport paperwork, you may need a specific court order addressing travel or passport consent before you can leave the country with your child. Some countries also raise concerns under international child abduction treaties, which is another reason to get legal advice before booking international travel with a court order in place.
What If Your Order Requires Advance Notice?
Some Texas custody orders include a clause requiring a parent to give written notice of travel dates, destinations, and contact information before taking the child out of town. If your order has this language, follow it exactly, even if you think it is unnecessary. Skipping a notice requirement can turn a simple vacation into a dispute, and it gives your ex a real argument if they later ask the court to enforce the order.
Can Your Ex Actually Stop the Trip?
Your ex cannot stop a vacation just by saying no if nothing in your order gives them that authority. What your ex can do is go to court and ask a judge to intervene, usually by requesting a temporary restraining order, if they have a genuine reason to believe you will not return the child or that the trip violates the order. Courts do not grant these requests lightly. A parent cannot block a lawful vacation simply out of frustration or a desire for control.
If your ex is threatening to interfere with a trip you are legally entitled to take, keep written records of the communication. Texts and emails showing the dates, destination, and your ex’s response can matter later if the disagreement escalates.
When It Makes Sense to Get the Order Reviewed
If your custody order is unclear about travel, does not address international trips, or was written before a major life change like a move or remarriage, it may be worth having it reviewed or modified. A clear order prevents this exact argument from happening every summer, spring break, and holiday.
Eric Navarrette is Board Certified in Family Law by the Texas Board of Legal Specialization and has been listed in Best Lawyers in America from 2016 to 2026. Attorneys Abigail Grieve and Rachel Bartek also represent parents at the firm in custody and possession matters. Navarrette Family Law helps parents in Denton County and the surrounding area understand what their possession order actually allows, and pursue changes when an order no longer fits their family.
If your ex is interfering with a vacation you are entitled to take, or your order needs a closer look before you plan a trip, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.