Wednesday, June 20, 2012

What is the Texas Standard “Weekend Possession” Schedule in Texas?

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.