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In a Texas family law Standard
Possession Order, the parties may have possession of the child at times
mutually agreed to in advance by the parties and, in the absence of mutual
agreement, shall have possession of the child under the specified terms set
out in the order.
Parents who reside less than 100 miles
apart:
(a) If the possessory conservator (or noncustodial parent)
resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as
follows:
(1) on weekends beginning at 6 p.m. on the first,
third, and fifth Friday of each month and ending at 6 p.m. on the following
Sunday or, at the possessory conservator's election made before or at the
time of the rendition of the original or modification order, and as
specified in the original or modification order, beginning at the time the
child's school is regularly dismissed and ending at 6 p.m. on the following
Sunday (If a weekend period of possession of the possessory conservator
coincides with a school holiday during the regular school term or with a
federal, state, or local holiday during the summer months in which school is
not in session, the weekend possession shall end at 6 p.m. on a Monday
holiday or school holiday or shall begin at the time the child's school is
regularly dismissed or at 6 p.m. Thursday for a Friday holiday or school
holiday, as applicable); and
(2) on Thursdays of each week during the regular
school term beginning at 6 p.m. and ending at 8 p.m., or, at the possessory
conservator's election made before or at the time of the rendition of the
original or modification order, and as specified in the original or
modification order, beginning at the time the child's school is regularly
dismissed and ending at the time the child's school resumes, unless the
court finds that visitation under this subdivision is not in the best
interest of the child.
(b) The following provisions govern possession of the child for vacations
and certain specific holidays and supersede conflicting weekend or Thursday
periods of possession. The possessory conservator and the managing
conservator shall have rights of possession of the child as follows:
(1) the possessory conservator shall have possession
in even-numbered years, beginning at 6 p.m. on the day the child is
dismissed from school for the school's spring vacation and ending at 6 p.m.
on the day before school resumes after that vacation, and the managing
conservator shall have possession for the same period in odd-numbered
years;
(2) if a possessory conservator:
(A) gives the managing
conservator written notice by April 1 of each year specifying an extended
period or periods of summer possession, the possessory conservator shall
have possession of the child for 30 days beginning not earlier than the day
after the child's school is dismissed for the summer vacation and ending not
later than seven days before school resumes at the end of the summer
vacation, to be exercised in not more than two separate periods of at least
seven consecutive days each; or
(B) does not give the
managing conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory conservator
shall have possession of the child for 30 consecutive days beginning at 6
p.m. on July 1 and ending at 6 p.m. on July 31;
(3) if the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator shall h ave possession of the child on any one weekend beginning
Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one
period of possession by the possessory conservator under Subdivision (2),
provided that the managing conservator picks up the child from the
possessory conservator and returns the child to that same place; and
(4) if the managing conservator gives the possessory
conservator written notice by April 15 of each year or gives the possessory
conservator 14 days' written notice on or after April 16 of each year, the
managing conservator may designate one weekend beginning not earlier than
the day after the child's school is dismissed for the summer vacation and
ending not later than seven days before school resumes at the end of the
summer vacation, during which an otherwise scheduled weekend period of
possession by the possessory conservator will not take place, provided that
the weekend designated does not interfere with the possessory conservator's
period or periods of extended summer possession or with Father's Day if the
possessory conservator is the father of the child.
Parents Who Reside Over 100 Miles Apart:
If the possessory conservator resides more than 100 miles from the residence
of the child, the possessory conservator shall have the right to possession
of the child as follows:
(1) either regular weekend possession beginning on the
first, third, and fifth Friday as provided under the terms applicable to
parents who reside 100 miles or less apart or not more than one weekend per
month of the possessory conservator's choice beginning at 6 p.m. on the day
school recesses for the weekend and ending at 6 p.m. on the day before
school resumes after the weekend, provided that the possessory conservator
gives the managing conservator 14 days' written or telephonic notice
preceding a designated weekend, and provided that the possessory conservator
elects an option for this alternative period of possession by written notice
given to the managing conservator within 90 days after the parties begin to
reside more than 100 miles apart, as applicable;
(2) each year beginning on the day the child is
dismissed from school for the school's spring vacation and ending at 6 p.m.
on the day before school resumes after that vacation;
(3) if the possessory conservator:
(A) gives the managing conservator written notice by
April 1 of each year specifying an extended period or periods of summer
possession, the possessory conservator shall have possession of the child
for 42 days beginning not earlier than the day after the child's school is
dismissed for the summer vacation and ending not later than seven days
before school resumes at the end of the summer vacation, to be exercised in
not more than two separate periods of at least seven consecutive days each;
or
(B) does not give the managing conservator written
notice by April 1 of each year specifying an extended period or periods of
summer possession, the possessory conservator shall have possession of the
child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6
p.m. on July 27;
(4) if the
managing conservator gives the possessory conservator written notice by
April 15 of each year the managing conservator shall have possession of the
child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the
following Sunday during one period of possession by the possessory
conservator under Subdivision (3), provided that if a period of possession
by the possessory conservator exceeds 30 days, the managing conservator may
have possession of the child under the terms of this subdivision on two
nonconsecutive weekends during that time period, and further provided that
the managing conservator picks up the child from the possessory conservator
and returns the child to that same place; and
(5) if the managing conservator gives the possessory conservator
written notice by April 15 of each year, the managing conservator may
designate 21 days beginning not earlier than the day after the child's
school is dismissed for the summer vacation and ending not later than seven
days before school resumes at the end of the summer vacation, to be
exercised in not more than two separate periods of at least seven
consecutive days each, during which the possessory conservator may not have
possession of the child, provided that the period or periods so designated
do not interfere with the possessory conservator's period or periods of
extended summer possession or with Father's Day if the possessory
conservator is the father of the child.
Holiday Possession Of Child Unaffected by Distance
Parents Reside Apart
The following provisions govern possession of the child for certain specific
holidays and supersede conflicting weekend or Thursday periods of possession
without regard to the distance the parents reside apart. The possessory
conservator and the managing conservator shall have rights of possession of
the child as follows:
(1) the possessory conservator shall have possession of the child
in even-numbered years beginning at 6 p.m. on the day the child is dismissed
from school for the Christmas school vacation and ending at noon on December
28, and the managing conservator shall have possession for the same period
in odd-numbered years;
(2) the possessory conservator shall have possession of the child
in odd-numbered years beginning at noon on December 28 and ending at 6 p.m.
on the day before school resumes after that vacation, and the managing
conservator shall have possession for the same period in even-numbered
years;
(3) the possessory conservator shall have possession of the child
in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed
from school before Thanksgiving and ending at 6 p.m. on the following
Sunday, and the managing conservator shall have possession for the same
period in even-numbered years;
(4) the parent not otherwise entitled under this standard order
to present possession of a child on the child's birthday shall have
possession of the child beginning at 6 p.m. and ending at 8 p.m. on that
day, provided that the parent picks up the child from the residence of the
conservator entitled to possession and returns the child to that same
place;
(5) if a conservator, the father shall have possession of the
child beginning at 6 p.m. on the Friday preceding Father's Day and ending on
Father's Day at 6 p.m., provided that, if he is not otherwise entitled under
this standard order to present possession of the child, he picks up the
child from the residence of the conservator entitled to possession and
returns the child to that same place; and
(6) if a conservator, the mother shall have possession of the
child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on
Mother's Day at 6 p.m., provided that, if she is not otherwise entitled
under this standard order to present possession of the child, she picks up
the child from the residence of the conservator entitled to possession and
returns the child to that same place.
General Terms and Conditions for
Possession of Children
The court shall order the following general terms and conditions of
possession of a child to apply without regard to the distance between the
residence of a parent and the child:
(1) the managing conservator shall surrender the child to the
possessory conservator at the beginning of each period of the possessory
conservator's possession at the residence of the managing conservator;
(2) if the possessory conservator elects to begin a period of
possession at the time the child's school is regularly dismissed, the
managing conservator shall surrender the child to the possessory conservator
at the beginning of each period of possession at the school in which the
child is enrolled;
(3) the possessory conservator shall be ordered to do one of the
following:
(A) the possessory conservator shall surrender the
child to the managing conservator at the end of each period of possession at
the residence of the possessory conservator; or
(B) the possessory conservator shall return the child to the
residence of the managing conservator at the end of each period of
possession, except that the order shall provide that the possessory
conservator shall surrender the child to the managing conservator at the end
of each period of possession at the residence of the possessory conservator
if:
(i) at the time the original order or a
modification of an order establishing terms and conditions of possession or
access the possessory conservator and the managing conservator lived in the
same county, the possessory conservator's county of residence remains the
same after the rendition of the order, and the managing conservator's county
of residence changes, effective on the date of the change of residence by
the managing conservator; or
(ii) the possessory conservator and
managing conservator lived in the same residence at any time during a
six-month period preceding the date on which a suit for dissolution of the
marriage was filed and the possessory conservator's county of residence
remains the same and the managing conservator's county of residence changes
after they no longer live in the same residence, effective on the date the
order is rendered;
(4) if the possessory conservator elects to end a period of
possession at the time the child's school resumes, the possessory
conservator shall surrender the child to the managing conservator at the end
of each period of possession at the school in which the child is enrolled;
(5) each conservator shall return with the child the personal
effects that the child brought at the beginning of the period of
possession;
(6) either parent may designate a competent adult to pick up and
return the child, as applicable; a parent or a designated competent adult
shall be present when the child is picked up or returned;
(7) a parent shall give notice to the person in possession of the
child on each occasion that the parent will be unable to exercise that
parent's right of possession for a specified period;
(8) written notice shall be deemed to have been timely made if
received or postmarked before or at the time that notice is due; and
(9) if a conservator's time of possession of a child ends at the time
school resumes and for any reason the child is not or will not be returned
to school, the conservator in possession of the child shall immediately
notify the school and the other conservator that the child will not be or
has not been returned to school.
Alternative Possession Times
If a child is enrolled in school and the possessory conservator elects
before or at the time of the rendition of the original or modification
order, the standard order must expressly provide that the possessory
conservator's period of possession shall begin or end, or both, at a
different time expressly set in the standard order under and within the
range of alternative times provided by one or both of the following
subdivisions:
(1) instead of a period of possession by a possessory conservator
beginning at 6 p.m. on the day school recesses, the period of possession may
be set in the standard possession order to begin at the time the child's
school is regularly dismissed or at any time between the time the child's
school is regularly dismissed and 6 p.m.; and
(2) except for Thursday evening possession, instead of a period of
possession by a possessory conservator ending at 6 p.m. on the day before
school resumes, the period of possession may be set in the standard order to
end at the time school resumes. |
