Please note that the following is not intended to be legal advice and should not take the place of representation by an attorney. You should contact an attorney to discuss the specifics of your situation.

Visitation

It is the policy of the State of Texas to encourage frequent contact between a child and each parent that optimizes the development of a close and continuing relationship between the child and each parent. It is preferable for all children in a family to be together during periods of possession and the standard possession order is intended to apply to a child three years of age or older. For children under three years of age, the Court may render an order that is appropriate for that child and that will presumptively become a standard possession order when that child turns three years of age.

In the majority of cases, the Court finds that the following standard possession order upholds the guidelines of the foregoing policy of the State to encourage frequent contact.

  1. Standard Possession Order

    The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order. IT IS, THEREFORE, ORDERED:

    1. Definitions

      1. In this Standard Possession Order "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.
      2. In this Standard Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.
    2. Mutual Agreement or Specified Terms for Possession

      IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

    3. Parents Who Reside 100 Miles or Less Apart

      Except as otherwise explicitly provided in this Standard Possession Order, when PARENT 1 resides 100 miles or less from the primary residence of the child, PARENT 1 shall have the right to possession of the child as follows:

      1. Weekends - On weekends, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.
      2. Weekend Possession Extended by a Holiday - Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by PARENT 1 begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.
      3. Thursdays - On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.
      4. Spring Break in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
      5. Extended Summer Possession by PARENT 1

        With Written Notice by April 1 - If PARENT 1 gives PARENT 2 written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, PARENT 1 shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods of extended summer possession do not interfere with Father's Day Weekend. These periods of possession shall begin and end at 6:00 p.m.

        Without Written Notice by April 1 - If PARENT 1 does not give PARENT 2 written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, PARENT 1 shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

        Notwithstanding the weekend and Thursday periods of possession ORDERED for PARENT 1, it is explicitly ORDERED that PARENT 2 shall have a superior right of possession of the child as follows:

        1. Spring Break in Odd-Numbered Years - In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
        2. Summer Weekend Possession by PARENT 2 - If PARENT 2 gives PARENT 1 written notice by April 15 of a year, PARENT 2 shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by PARENT 1 in that year, provided that PARENT 2 picks up the child from PARENT 1 and returns the child to that same place.
        3. Extended Summer Possession by PARENT 2 - If PARENT 2 gives PARENT 1 written notice by April 15 of a year or gives PARENT 1 fourteen days' written notice on or after April 16 of a year, PARENT 2 may designate one weekend beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by PARENT 1 shall not take place in that year, provided that the weekend so designated does not interfere with PARENT 1's period or periods of extended summer possession.

    4. Parents Who Reside More Than 100 Miles Apart

      Except as otherwise explicitly provided in this Standard Possession Order, when PARENT 1 resides more than 100 miles from the residence of the child, PARENT 1 shall have the right to possession of the child as follows:

      1. Weekends - Unless PARENT 1 elects the alternative period of weekend possession described in the next paragraph, PARENT 1 shall have the right to possession of the child on weekends, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by PARENT 1 begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.

        Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, PARENT 1 shall have the right to possession of the child not more than one weekend per month of PARENT 1's choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by PARENT 1 begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable. PARENT 1 may elect an option for this alternative period of weekend possession by giving written notice to PARENT 2 within ninety days after the parties begin to reside more than 100 miles apart. If PARENT 1 makes this election, PARENT 1 shall give PARENT 2 fourteen days' written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, and Father's Day Weekend below.

      2. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
      3. Extended Summer Possession by PARENT 1 -

        With Written Notice by April 1 - If PARENT 1 gives PARENT 2 written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, PARENT 1 shall have possession of the child for forty-two days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods of extended summer possession do not interfere with Father's Day Weekend. These periods of possession shall begin and end at 6:00 p.m.

        Without Written Notice by April 1 - If PARENT 1 does not give PARENT 2 written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, PARENT 1 shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

        Notwithstanding the weekend periods of possession ORDERED for PARENT 1, it is explicitly ORDERED that PARENT 2 shall have a superior right of possession of the child as follows:

        1. Summer Weekend Possession by PARENT 2 - If PARENT 2 gives PARENT 1 written notice by April 15 of a year, PARENT 2 shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by PARENT 1 during PARENT 1's extended summer possession in that year, provided that if a period of possession by PARENT 1 in that year exceeds thirty days, PARENT 2 may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that PARENT 2 picks up the child from PARENT 1 and returns the child to that same place.
        2. Extended Summer Possession by PARENT 2 - If PARENT 2 gives PARENT 1 written notice by April 15 of a year, PARENT 2 may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which PARENT 1 shall not have possession of the child, provided that the period or periods so designated do not interfere with PARENT 1's period or periods of extended summer possession.
    5. Holidays Unaffected by Distance

      Notwithstanding the weekend and Thursday periods of possession of PARENT 1, PARENT 2 and PARENT 1 shall have the right to possession of the child as follows:

      1. Christmas Holidays in Even-Numbered Years - In even-numbered years, PARENT 1 shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26, and PARENT 2 shall have the right to possession of the child beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.
      2. Christmas Holidays in Odd-Numbered Years - In odd-numbered years, PARENT 2 shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26, and PARENT 1 shall have the right to possession of the child beginning at noon on December 26 and ending at 6:00 p.m. on the day before the child's school resumes after that Christmas school vacation.
      3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, PARENT 1 shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.
      4. Thanksgiving in Even-Numbered Years - In even-numbered years, PARENT 2 shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.
      5. Child's Birthday - If a parent is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the child from the other parent's residence and returns the child to that same place.
      6. Father's Day Weekend - PARENT 2 shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if PARENT 2 is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from PARENT 1's residence and return the child to that same place.
      7. Mother's Day Weekend - PARENT 1 shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if PARENT 1 is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from PARENT 2's residence and return the child to that same place.
 
 
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