| STANDARD
POSSESSION ORDER
The Texas Legislature several years
ago decided that it would try to eliminate some of
the "ying-yang" that
often accompanied discussions of what possession of
the child(ren) each parent should have. The following
is the latest version with the latest Legislative changes
put in. The actual Family Code does not have the options
as indicated; the "check mark blanks" are
inserted for your ease of understanding the actual
code sections. The term "possessory conservator" refers
to the parent who has visitation rights and is not
the parent to establish the primary residence of the
child.
STANDARD POSSESSION ORDER
adapted from
TEXAS FAMILY CODE, SECTIONS 153.311 THROUGH 153.317
Policy. It is the policy of this state to encourage
frequent contact between a child and each parent for
periods of possession that optimize the development
of a close and continuing relationship between each
parent and child. It is preferable for all children
in a family to be together during periods of possession.
School. The term 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. Some also interpret this to include alternative
schooling and preschool.
Child. The term child shall refer to the child or
children of the parties and shall include the plural
form wherever appropriate to the context.
Standard Possession Order
IT IS ORDERED AND DECREED that the parties shall have
possession of the child at any and all 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 this Standard
Possession Order.
A. PARENTS WHO RESIDE 100 MILES OR LESS APART
(a) If the possessory conservator 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) Weekends. On weekends beginning: (CHECK ONE)
______ At 6:00 o'clock p.m. on the first, third and
fifth Friday of each month;
______ If the child is enrolled in school, at the
time the child's school is regularly dismissed on the
first, third and fifth Friday of each month;
________ If the child is enrolled in school, at_______
o'clock____.m. (specify time elected between the time
the child's school is regularly dismissed and 6:00
o'clock p.m.) on the first, third and fifth Friday
of each month;
and ending: (CHECK ONE)
______ At 6:00 o'clock p.m. on the following Sunday.
______ If the child is enrolled in school, at the
time the child's school resumes after the weekend.
(2) Weekend Possession Extended By Holiday. 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 begin: (CHECK
ONE)
_______ At 6:00 o'clock p.m. Thursday for a Friday
holiday or school holiday;
_______ At the time the child's school is regularly
dismissed for a Friday holiday or school holiday;
_______ If the child is enrolled in school, at_______
o'clock____.m. (specify time elected between the time
the child's school is regularly dismissed and 6:00
o'clock p.m.) on the day that the child's school is
regularly dismissed for a Friday holiday or school
holiday;
and ending: (CHECK ONE)
_______ At 6:00 o'clock p.m. on a Monday holiday or
school holiday
_______ If the child is enrolled in school, at the
time the child's school resumes after a Monday holiday
or school holiday.
(3) Thursdays. On Thursdays of each week during the
regular school term:
(CHECK ONE)
________ Beginning at 6:00 o'clock p.m. and ending
at 8:00 o'clock p.m.;
________ At the time the child's school is regularly
dismissed; and ending at the time the child's school
resumes on Friday morning, ( unless the court finds
that such is not in the child's best interest)
(b) The following provisions govern possession of
the child for vacations and certain 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) Spring Vacation. The possessory conservator shall
have possession of the child in even-numbered years
beginning: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day the child
is dismissed from school for the school's spring vacation;
_________ If the child is enrolled in school, at the
time the child's school is regularly dismissed for
the school's spring vacation;
________ If the child is enrolled in school, at _______
o'clock _____.m. (specify time elected between the
time the child's school is regularly dismissed and
6:00 o'clock p.m.) on the day the child is dismissed
from school for the school's spring vacation;
and ending: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day before school
resumes after that vacation.
________ If the child is enrolled in school, at the
time the child's school resumes after that vacation.
The managing conservator shall have possession for
the same period in odd-numbered years.
(2) Summer.
(A) If the possessory conservator 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 thirty (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
(7) days before school resumes at the end of the summer
vacation, to be exercised in not more than two (2)
separate periods of at least seven (7) consecutive
days each.
(B) If the possessory conservator 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 thirty (30) consecutive days beginning
at 6:00 o'clock p.m. on July 1 and ending at 6:00 o'clock
p.m. on July 31.
©) If the managing conservator
gives the possessory conservator written notice by
June 1 of each year, the managing conservator shall
have possession of the child on any one weekend beginning
Friday at 6:00 o'clock p.m. and ending at 6:00 o'clock
p.m. on the following Sunday during any one period
of possession by the possessory conservator under
Subdivisions (b)(1) or (b)(2), provided that the
managing conservator picks up the child from the
possessory conservator and returns the child to that
same place.
(D) 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
(7) 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 so designated
does not interfere with the possessory conservator's
period or periods of extended summer possession or
with Father's Day weekend if the possessory conservator
is the father of the child.
B. 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:
Weekends. On weekends beginning: (CHECK ONE)
______ At 6:00 o'clock p.m. on the first, third, and
fifth Friday of each month;
______ If the child is enrolled in school, at the
time the child's school is regularly dismissed on the
first, third and fifth Friday of each month;
______ If the child is enrolled in school, at _______
o'clock____.m. (specify time elected between the time
the child's school is regularly dismissed and 6:00
o'clock p.m.) on the first, third and fifth Friday
of each month;
and ending: (CHECK ONE)
_____ At 6:00 o'clock p.m. on the following Sunday.
______ If the child is enrolled in school, at the
time the child's school resumes after the weekend.
(b) Alternative Weekend Possession. In lieu of the
foregoing, the possessory conservator shall have the
right to possession of the child not more than one
weekend per month of the possessory conservator's choice
beginning: (CHECK ONE)
_______ At 6:00 o'clock p.m. on the day school recesses
for the weekend;
_______ If the child is enrolled in school, at the
time the child's school is regularly dismissed for
the weekend;
_______ If the child is enrolled in school, at _______
o'clock _____.m. (specify time elected between the
time the child's school is regularly dismissed and
6:00 o'clock p.m.) on the day school recesses for the
weekend; and ending: (CHECK ONE)
_______ At 6:00 o'clock p.m. on the day before school
resumes after the weekend.
________ If the child is enrolled in school, at the
time the child's school resumes after the weekend.
The possessory conservator may elect an option for
this alternative period of possession by giving written
notice to the managing conservator within ninety (90)
days after the parties begin to reside more than 100
miles apart. If the possessory conservator makes this
election, the possessory conservator shall give the
managing conservator fourteen (14) days' written or
telephonic notice preceding a designated weekend.
©) Weekend Possession Extended
By Holiday. 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 begin: (CHECK ONE)
_______ At 6:00 o'clock p.m. Thursday for a Friday
holiday or school holiday;
_______ At the time the child's school is regularly
dismissed for a Friday holiday or school holiday;
_______ If the child is enrolled in school, at _______
o'clock _____.m. (specify time elected between the
time the child's school is regularly dismissed and
6:00 o'clock p.m.) on the day that the child's school
is regularly dismissed for a Friday holiday or school
holiday;
and ending: (CHECK ONE)
_______ At 6:00 o'clock p.m. on a Monday holiday or
school holiday;
_______ If the child is enrolled in school, at the
time the child's school resumes after a Monday holiday
or school holiday.
(d) Spring Vacation. Each year beginning: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day the child
is dismissed from school for the school's spring vacation;
_________ If the child is enrolled in school, at the
time the child's school is regularly dismissed for
the school's spring vacation;
________ If the child is enrolled in school, at _________
o'clock _____.m. (specify time elected between the
time the child's school is regularly dismissed and
6:00 o'clock p.m. on the day the child is dismissed
from school for the school's spring vacation;
and ending: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day before school
resumes after that vacation.
________ If the child is enrolled in school, at the
time the child's school resumes after that vacation.
(e) Summer.
(1) If the possessory conservator 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 (7)
days before school resumes at the end of the summer
vacation, to be exercised in not more than two (2)
separate periods of at least seven (7) consecutive
days each.
(2) If the possessory conservator 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 6:00
o'clock p.m. on June 15 and ending at 6:00 o'clock
p.m. on July 27.
(3) 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 any one weekend beginning Friday at 6:00 o'clock
p.m. and ending at 6:00 o'clock p.m. on the following
Sunday during any one period of possession by the possessory
conservator under Subdivisions (5)(a) or (5)(b), provided
that if a period of possession by the possessory conservator
exceeds thirty (30) days, the managing conservator
may have possession of the child under the terms of
this subdivision on any two (2) 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.
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
(7) days before school resumes at the end of the summer
vacation, to be exercised in not more than two (2)
separate periods of at least seven (7) 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
weekend if the possessory conservator is the father
of the child.
C. HOLIDAY POSSESSION
The following provisions govern possession of the
child for certain specific holidays and supersede conflicting
weekend or Wednesday periods of possession without
regard to the instance the parents reside apart. The
possessory conservator and managing conservator shall
have rights of possession of the child as follows:
(a) Christmas.
(1) The possessory conservator shall have possession
of the child in even-numbered years beginning at 6:00
o'clock p.m. on the day the child is dismissed from
school for the Christmas vacation and ending at noon
on December 26. 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 26 and ending: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day before school
resumes after that vacation.
_________ If the child is enrolled in school, at the
time the child's school resumes after that vacation.
The managing conservator shall have possession for
the same period in even-numbered years.
(b) Thanksgiving. The possessory conservator shall
have possession of the child in odd-numbered years
beginning: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day the child
is dismissed from school before Thanksgiving;
________ If the child is enrolled in school, at the
time the child's school is regularly dismissed for
the Thanksgiving vacation;
________ If the child is enrolled in school, at _______
o'clock _____.m. (specify time elected between the
time the child's school is regularly dismissed and
6:00 o'clock p.m.) on the day the child is dismissed
from school before Thanksgiving;
and ending: (CHECK ONE)
________ At 6:00 o'clock p.m. on the following Sunday.
_________ If the child is enrolled in school, at the
time the child's school resumes after that vacation.
The managing conservator shall have possession for
the same period in even-numbered years.
©) Child's Birthday. 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 6:00
o'clock p.m. and ending at 8:00 o'clock p.m. on that
day, provided that said parent picks up the child
from the residence of the conservator entitled to
possession and returns the child to that same place.
(d) Father's Day Weekend. If a conservator, the father
shall have possession of the child beginning at 6:00
o'clock p.m. on the Friday preceding Father's Day and
ending on Father's Day at 6:00 o'clock 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.
(e) Mother's Day Weekend. If a conservator, the mother
shall have possession of the child beginning at 6:00
o'clock p.m. on the Friday preceding Mother's Day and
ending on Mother's Day at 6:00 o'clock 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.
D. GENERAL TERMS AND CONDITIONS
Without regard to the distance between the residence
of the parent and the child:
(a) 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.
(b) 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 such period of possession at
the school in which the child is enrolled.
©) The possessory conservator
shall: (CHECK ONE)
_______ Surrender the child to the managing conservator
at the end of each period of possession at the residence
of the possessory conservator.
________ Return the child to the residence of the
managing conservator at the end of each period of possession.
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 (1) the possessory conservator's county of residence
remains the same after the rendition of this order,
and the managing conservator's county of residence
changes, effective on the date of the change of domicile
by the managing conservator, or (2) 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.
(d) 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 such period of possession at the school in which
the child is enrolled.
(e) Each conservator shall return with the child the
personal effects that the child brought at the beginning
of the period of possession.
(f) Either parent may designate any 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.
(g) 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 any specified period. Repeated failure of a parent
to give notice of an inability to exercise possessory
rights may be considered as a factor in a modification
of those possessory rights.
(h) Written notice shall be deemed to have been timely
made if received or postmarked before or at the time
that notice is due.
(I) 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.
This is the end of the Standard possession order.
Whew! The End!
Child possession issues continue to be quite emotional
for parents. You probably ought to consult with an
experienced family law attorney to see how the foregoing
language affects your particular situation.
Note: The above language illustrates the Standard
Possession Order, but for reasons stated obviously
is NOT actual, ready-to drop-into-a-decree-of-divorce
language
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