Wednesday, June 27, 2012

How Does the Texas Standard Possession Schedule Handle Summer Vacations?


Under the Texas Standard Possession Schedule, distance affects the number of days of each parent’s possession during the child’s summer vacations. 

When the parents reside within 100 miles of each other, the possessory conservator (the one with whom the child does not primarily reside) has up to 30 days of possession during the summer months.  Under the default rule, the possessory conservator will have possession of the child beginning at 6:00 p.m. on July 1st until 6:00 p.m. on July 31st. 

If the parents live more than 100 miles apart, however, the possessory conservator is entitled to have possession for up to 42 days during the summer months.  Unless otherwise provided, the possessory conservator will have possession of the child beginning at 6:00 p.m. on June 14th until 6:00 p.m. on July 27th. 

By:  Cynthia W. Veidt and Erin Zeiss

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.


Tuesday, June 12, 2012

What is the Texas Standard Possession Schedule?


Texas has enacted a set of statutory guidelines called the “Standard Possession Schedule” to determine the possession schedule of a child by a parent who is either a possessory conservator or a joint managing conservator.

The Standard Possession Schedule gives each parent designated periods of weekend possession, summer possession, and possession during certain holidays (such as Thanksgiving and spring break).

In general, possession schedules are dictated by the parents’ proximity to each other.  Parents who reside within 100 miles of each usually have a slightly different possession schedule than parents who reside 100 or more miles apart from each other. 

You should always look at the particular order or divorce decree in your specific case to determine whether the court has used the Texas Standard Possession Schedule.  Once set by the court, that Possession Schedule becomes the “default;” however, both parents can agree to change the Possession Schedule in order to best meet their needs and the child’s needs. 

Parents should communicate with each other about their Possession Schedule, especially if something has occurred or will occur which would affect either parent’s ability to exercise any period of possession. 

By:  Cynthia W.Veidt and Erin Zeiss.

Grounds for Annulment in Texas: Marriage Less than 72 Hours after Issuance of License

A marriage may be annulled if the marriage took place less than 72 hours after the marriage license was issued.  The suit to dissolve the marriage must be brought within 30 days of the marriage.

Post by Sarah F. Berry

Friday, June 1, 2012

Grounds for Annulment in Texas: Concealed Divorce

A marriage may be annulled if the spouse seeking annulment can show that the other spouse obtained a divorce right before their marriage and that he or she did not know about the previous marriage and divorce.   The divorce has to occur within the 30 day period before marrying the new spouse, and a suit to annul the marriage has to be filed by the first anniversary of the marriage.  Additionally, the spouse seeking annulment has to show that he or she has not lived with their spouse since discovering the prior marriage and divorce.

Post by Sarah F. Berry, Attorney