Visitation
Possession Schedules
Texas law presumes that the standard possession order is best for a child, however the standard possession order does not “fit” in every situation. An unusual work schedule, distance between the parents’ residences, a child’s activity schedule or even how involved a parent is – are just a few of the factors that may prove to a court that a different possession schedule is more appropriate. Robin Zegen has 30 years of experience in helping parents obtain possession schedules that work best for them and their child.
***Always read your possession order as it may not be exactly the same as any of the below schedules. There are numerous alternative schedules ordered and yours may or may not follow the exact schedules below.***
Standard Possession Order
What is the Standard Possession Order?
This schedule and small deviations to this schedule are the most common possession schedules for a parent that lives 100 miles or less from the primary residence of the child.
- 1st, 3rd and 5th Fridays at 6:00 p.m. to Sunday at 6:00 p.m.
- Holidays and teacher in service days that occur on the Friday before the weekend possession or the Monday after a weekend possession are included.
- Thursdays during the regular school year from 6:00 p.m. to 8:00 p.m.
- Spring Break in even-numbered years from 6:00 p.m. on the day school is dismissed for spring break and ending at 6:00 p.m. on the day before school resumes.
- 30 days in the summer
- Alternating Standard Holiday Schedule
- Parent can elect Expanded Standard Possession Order unless Court finds it is not in the child’s best interest.
Expanded Standard Possession Order
If the parent lives 50 miles or less from the primary residence of the child then the Expanded Standard Possession order is automatic if the court orders a standard possession order. If the parent lives 51 miles to 100 miles from the child’s primary residence then the Expanded Standard Possession Order can be elected if timely requested. The Expanded Standard Possession Order has these deviations to the above schedule.
What is the Expanded Standard Possession Order?
- 1st, 3rd and 5th Fridays when school dismisses to Monday when school resumes during the school year and 1st, 3rd and 5th Fridays at 6:00 p.m. to Sunday at 6:00 p.m. during the summer break
- Holidays and teacher in service days that occur on the Friday before the weekend possession or the Monday after a weekend possession are included in the weekend.
- Thursdays during the regular school year from school dismissal until Friday when school resumes.
- Spring Break in even-numbered years from the time school is dismissed for spring break and ending at 6:00 p.m. on the day before school resumes.
- 30 days in the summer
- Alternating Standard Holiday Schedule (maybe something for them to click on to get the standard holiday schedule I sent to you) except that Christmas and Thanksgiving start when school is dismissed, Father’s Day ends at 8:00 a.m. on Monday after Father’s Day, and Mother’s Day begins when school is dismissed on Friday and ends when school resumes on Monday.
Standard Possession Order – More than 100 Miles
This schedule is commonly ordered for a parent that lives more than 100 miles from the primary residence of the child.
What is the Standard Possession Schedule if the Parents Residences are Far Apart?
- 1st, 3rd and 5th Fridays at 6:00 p.m. to Sunday at 6:00 p.m.
OR – The parent may timely elect the Alternate Weekend Schedule. This permits the parent to designate one weekend each month with 14 days’ notice and allows the parent to search for weekends in the child’s schedule that include a Friday or Monday school holiday that is not part of the Alternating Standard Holiday Schedule. This enlarges that weekend for more time with the child and flexibility for travel.
- Holidays and teacher in service days that occur on the Friday before the weekend possession or the Monday after a weekend possession are included.
- Spring Break in all years from 6:00 p.m. on the day school is dismissed for spring break and ending at 6:00 p.m. on the day before school resumes.
- 42 days in the summer
- Alternating Standard Holiday Schedule (maybe something for them to click on to get the standard holiday schedule I sent to you)
50/50 Possession Orders
What Types of 50/50 Schedules Are Common?
Although there are a number of different 50/50 possession schedules available some of the most common are week on week off schedules and 2/2/3 and 2/2/5 schedules. Weekly schedules can alternate on any day, but Fridays and Sundays are most common. Friday exchanges can be accomplished at school most of the year which prevents the parents both being at the exchanges during the school year. 2/2/5 and 2/2/3 schedules normally have one parent that has Monday and Tuesday each week and the other parent has Wednesday and Thursday each week. The weekends alternate between the parents. This permits a parent to always handle the child’s schedule on two set days of the week and to have half of the weekends. No matter which schedules are chosen, normally the parents still follow the Alternating Standard Holiday Schedule.
Schedules for Children Under Age 3
Texas law states that a court may create a possession order that is “appropriate under the circumstances” for a child under three years old. Some of the factors a court is to consider are:
What Factors Does a Court Consider in Creating a Schedule for Young Children?
- Caregiving provided to the child by the parent.
- Effect on the child that may result from separation from either parent.
- Availability and willingness of the parent to personally care for the child.
- Physical, medical, behavioral, and developmental needs of the child.
- Physical, medical, emotional, economic, and social conditions of the parent.
- Impact of people that will be present during periods of possession.
- Whether or not siblings will be present during periods of possession.
- Child’s need to develop a healthy attachment to the parent.
- Child’s routine.
- Location and distance of the parent’s residence.
- Need for a schedule that incrementally transitions to a standard possession order.
Some courts will order a standard possession order even though a child is under three years old after applying the above factors and finding that it is in the child’s best interest.
Creative Schedules
The standard possession schedules do not work for all situations, especially for parents with unusual or rotating work schedules like firefighters, or parents that have employment with extensive travel. When the standard schedules do not make sense for a particular case, courts will consider viable alternative schedules. Robin R. Zegen as an experienced child custody lawyer can also draft a schedule that is specific to your situation. Call today for a consultation.
Supervised Possession
What if it is Not Safe for a Child to be Alone With a Parent?
Sometimes it is simply not safe for a parent to have unsupervised possession of their child. In these situations, you may want to ask for supervised possession. Courts sometimes appoint a family member or friend to supervise the parent’s possession time and sometimes the court appoints a professional supervisor or supervision facility to supervise a parent’s possession time.
Some of the reasons for supervised possession are:
- Drug or alcohol problem
- Violent criminal history
- History of family violence
- Flight Risk
- Mental health problems
Sometimes, possession is contingent on a parent following some requirements like treatment for a mental health or dependency issue. Supervised possession schedules may also require testing or methods of ensuring compliance with other court orders and may even involve a possession order that fluctuates between phases depending on compliance.
Having an experienced child custody attorney on your side really matters. Call Robin R. Zegen today for a consultation and evaluation of your situation.