Posted by Mary E. Ramos | Child Custody, Divorce
What is a Standard Possession Order in Texas?
Video Transcription:
In the State of Texas, the idea often referred to as ‘custody’ is referred to as ‘conservatorship’, while ‘visitation rights’ is known as ‘possession’. A Standard Possession Order is the statute which details who has ‘possession’ of the child or children when parents do not agree. Read on to learn more about the Texas Standard Possession Order, and if you still have questions, contact our office to set up a consultation with our experienced Texas family law attorney.
Standard Possession Order in Texas
The Standard Possession Order in Texas comprises of a weekend possession calendar, which is normally the 1st, 3rd, and 5th weekends and a Thursday during the school year, for a weekday period of possession. Parents also have to include a possession calendar for the holiday schedule, and need to determine when the holiday schedule would actually begin based on the school district that the child is enrolled in. If the child is not enrolled in school, the school district that he or she would be enrolled in.
To determine when the holidays would start, the schedule would technically include Thanksgiving. One year is to one custodial parent, and the following year the second custodial parent would have that holiday, meaning the parents would rotate, even in odd years. There are two halves of Christmas Break every year. Typically, the parent who exercised the Thanksgiving holiday will then have the second half of Christmas Break so that the other parent will then have Christmas, and will rotate that every year.
Typically, Christmas Break does start from the beginning of the Christmas Break or Winter Break for the school year and ends at noon on the 28th with the second parent picking up noon 28th and returning the child after school begins following the Christmas Break and will rotate that every year.
There’s also Spring Break every year. Again, custodial parents will rotate years even in odd years. Mother’s Day will have Mother’s Day weekends for mothers. Fathers will have Father’s Day weekends for fathers. The extended 30 day summer time, 30 days for the non-custodial parent.
On the child’s birthdays, if one parent is in possession of the child for the day, then the other custodial parent may come and pick up the child and the child’s siblings from 6 to 8 p.m. on their birthday to take them to dinner.
The Texas Standard Possession Order and schedule for your children is in lieu of the two parents actually having an agreement that outlines when said parents want to actually exchange their children. If the two parents decide on their own schedule and choose to put this order away in a drawer and never look at it, that is fine. But the minute you cannot agree, then you must refer to the order because that would be the least amount of time to which you you would be entitled.
Contact Experienced Family Law Attorneys
If you’re still unsure about how to create a visitation schedule with your ex-spouse, or require further clarification regarding the Texas Standard Possession Order, be sure to schedule an appointment with our team of experienced family law attorneys. Contact Ramos Law Group today.
Last Updated on August 8, 2023 by Mary E. Ramos
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