Texas has adopted statutes which set out guidelines for a
“Standard Possession Schedule” of a child by each parent. A typical possession order determines which
parent has the right to possess the child on a particular weekend.
In general, under Texas guidelines, a possessory conservator
who resides 100 miles or less from the other conservator (with whom the child
primarily resides) can do the following:
- have possession on weekends throughout the year 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; and
- have possession on Thursdays of each week during the regular
school term beginning at 6:00 p.m. and ending at 8:00 p.m., as long as the
court finds that visitation in the best interest of the child.
In cases where the parents reside over 100 miles apart, the
possessory conservator can either:
- have the same weekend possession schedule as a parent who
lives within 100 miles, or
- can designate one weekend (which could begin on the second
or fourth Friday) per month, so long as s/he does so at least 14 days in
advance. This provides the possessory
parent a little more flexibility, but somewhat less possession time.
Also, when residing more than 100 miles apart, the
possessory parent no longer receives an overnight visit during the week
(usually on Thursdays), but instead is entitled to have possession of the child
during every spring break vacation.
By: Cynthia W. Veidt and Erin Zeiss.
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