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The Texas Legislature
several
years ago decided that it would try to eliminate some of the "ying-yang" that often accompanied discussions of what
possession of the child(ren) each parent should have. The
following is the latest version with the latest Legislative changes
put in. The actual Family Code does not have the options as
indicated; the "check mark blanks" are inserted for
your ease of understanding the acutal code sections. The term "possessory
conservator" refers to the parent who has visitation rights and is not the
parent to establish the primary residence of the child. The language
herein cannot be dropped directly into an order; it merely gives you options
from the statutory scheme.
STANDARD POSSESSION ORDER adapted from
TEXAS FAMILY CODE, SECTIONS 153.311 THROUGH
153.317
Policy. It is the policy of this state to encourage
frequent contact between a child and each parent for periods of
possession that optimize the development of a close and
continuing relationship between each parent and child. It is
preferable for all children in a family to be together during
periods of possession.
School. The term school means the primary or secondary
school in which the child is enrolled, or if the child is not
enrolled in a primary or secondary school, the public school
district in which the child primarily resides. Some also intepret this to
include alternative schooling and preschool.
Child. The term child shall refer to the child or
children of the parties and shall include the plural form
wherever appropriate to the context.
Standard Possession Order
IT IS ORDERED AND DECREED that the parties shall have
possession of the child at any and all times mutually agreed to
in advance by the parties and, in the absence of mutual
agreement, shall have possession of the child under the specified
terms set out in this Standard Possession Order.
A. PARENTS WHO RESIDE 100 MILES OR LESS APART
(a) If the possessory conservator resides 100 miles or less
from the primary residence of the child, the possessory
conservator shall have the right to possession of the child as
follows:
(1) Weekends. On weekends beginning: (CHOOSE ONE)
______ At 6:00 o'clock p.m. on the first, third and fifth
Friday of each month;
______ If the child is enrolled in school, at the time the
child's school is regularly dismissed on the first, third and
fifth Friday of each month;
________ If the child is enrolled in school, at_______
o'clock____.m. (specify time elected between the time the child's
school is regularly dismissed and 6:00 o'clock p.m.) on the
first, third and fifth Friday of each month;
and ending: (CHOOSE ONE)
______ At 6:00 o'clock p.m. on the following Sunday.
______ If the child is enrolled in school, at the time the
child's school resumes after the weekend.
(2) Weekend Possession Extended By Holiday. If a weekend
period of possession of the possessory conservator coincides with
a school holiday during the regular school term, or with a
federal, state or local holiday during the summer months in which
school is not in session, the weekend possession shall begin:
(CHECK ONE)
_______ At 6:00 o'clock p.m. Thursday for a Friday holiday or
school holiday;
_______ At the time the child's school is regularly dismissed
for a Friday holiday or school holiday;
_______ If the child is enrolled in school, at_______
o'clock____.m. (specify time elected between the time the child's
school is regularly dismissed and 6:00 o'clock p.m.) on the day
that the child's school is regularly dismissed for a Friday
holiday or school holiday;
and ending: (CHECK ONE)
_______ At 6:00 o'clock p.m. on a Monday holiday or school
holiday
_______ If the child is enrolled in school, at the time the
child's school resumes after a Monday holiday or school holiday.
(3) Thursdays. On Thursdays of each week during the regular
school term:
(CHECK ONE)
________ Beginning at 6:00 o'clock p.m. and ending at 8:00
o'clock p.m.;
________ At the time the child's school is regularly
dismissed; and ending at the time the child's school resumes on
Friday morning,
(unless the court finds that such is not in
the child's best interest)
(b) The following provisions govern possession of the child
for vacations and certain holidays and supersede conflicting
weekend or Thursday periods of possession. The possessory
conservator and the managing conservator shall have rights of
possession of the child as follows:
(1) Spring Vacation. The possessory conservator shall have
possession of the child in even-numbered years beginning: (CHOOSE
ONE)
________ At 6:00 o'clock p.m. on the day the child is
dismissed from school for the school's spring vacation;
_________ If the child is enrolled in school, at the time the
child's school is regularly dismissed for the school's spring
vacation;
________ If the child is enrolled in school, at _______
o'clock _____.m. (specify time elected between the time the
child's school is regularly dismissed and 6:00 o'clock p.m.) on
the day the child is dismissed from school for the school's
spring vacation;
and ending: (CHOOSE ONE)
________ At 6:00 o'clock p.m. on the day before school resumes
after that vacation.
________ If the child is enrolled in school, at the time the
child's school resumes after that vacation.
The managing conservator shall have possession for the same
period in odd-numbered years.
(2) Summer.
(A) If the possessory conservator gives the managing
conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory
conservator shall have possession of the child for thirty (30)
days beginning not earlier than the day after the child's school
is dismissed for the summer vacation and ending not later than
seven (7) days before school resumes at the end of the summer
vacation, to be exercised in not more than two (2) separate
periods of at least seven (7) consecutive days each.
(B) If the possessory conservator does not give the managing
conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory
conservator shall have possession of the child for thirty (30)
consecutive days beginning at 6:00 o'clock p.m. on July 1 and
ending at 6:00 o'clock p.m. on July 31.
(C) If the managing conservator gives the possessory
conservator written notice by June 1 of each year, the managing
conservator shall have possession of the child on any one weekend
beginning Friday at 6:00 o'clock p.m. and ending at 6:00 o'clock
p.m. on the following Sunday during any one period of possession
by the possessory conservator under Subdivisions (b)(1) or
(b)(2), provided that the managing conservator picks up the child
from the possessory conservator and returns the child to that
same place.
(D) If the managing conservator gives the possessory
conservator written notice by April 15 of each year or gives the
possessory conservator 14 days' written notice on or after April
16 of each year, the managing conservator may designate one
weekend beginning not earlier than the day after the child's
school is dismissed for the summer vacation and ending not later
than seven (7) days before school resumes at the end of the
summer vacation, during which an otherwise scheduled weekend
period of possession by the possessory conservator will not take
place, provided that the weekend so designated does not interfere
with the possessory conservator's period or periods of extended
summer possession or with Father's Day weekend if the possessory
conservator is the father of the child.
PARENTS WHO RESIDE OVER 100 MILES APART
If the possessory conservator resides more than 100 miles from
the residence of the child, the possessory conservator shall have
the right to possession of the child as follows:
Weekends. On weekends beginning: (CHOOSE ONE)
______ At 6:00 o'clock p.m. on the first, third, and fifth
Friday of each month;
______ If the child is enrolled in school, at the time the
child's school is regularly dismissed on the first, third and
fifth Friday of each month;
______ If the child is enrolled in school, at _______
o'clock____.m. (specify time elected between the time the child's
school is regularly dismissed and 6:00 o'clock p.m.) on the
first, third and fifth Friday of each month;
and ending: (CHOOSE ONE)
_____ At 6:00 o'clock p.m. on the following Sunday.
______ If the child is enrolled in school, at the time the
child's school resumes after the weekend.
(b) Alternative Weekend Possession. In lieu of the foregoing,
the possessory conservator shall have the right to possession of
the child not more than one weekend per month of the possessory
conservator's choice beginning: (CHECK ONE)
_______ At 6:00 o'clock p.m. on the day school recesses for
the weekend;
_______ If the child is enrolled in school, at the time the
child's school is regularly dismissed for the weekend;
_______ If the child is enrolled in school, at _______ o'clock
_____.m. (specify time elected between the time the child's
school is regularly dismissed and 6:00 o'clock p.m.) on the day
school recesses for the weekend; and ending: (CHECK ONE)
_______ At 6:00 o'clock p.m. on the day before school resumes
after the weekend.
________ If the child is enrolled in school, at the time the
child's school resumes after the weekend. The possessory
conservator may elect an option for this alternative period of
possession by giving written notice to the managing conservator
within ninety (90) days after the parties begin to reside more
than 100 miles apart. If the possessory conservator makes this
election, the possessory conservator shall give the managing
conservator fourteen (14) days' written or telephonic notice
preceding a designated weekend.
(c) Weekend Possession Extended By Holiday. If a weekend
period of possession of the possessory conservator coincides with
a school holiday during the regular school term, or with a
federal, state or local holiday during the summer months in which
school is not in session, the weekend possession shall begin:
(CHOOSE ONE)
_______ At 6:00 o'clock p.m. Thursday for a Friday holiday or
school holiday;
_______ At the time the child's school is regularly dismissed
for a Friday holiday or school holiday;
_______ If the child is enrolled in school, at _______ o'clock
_____.m. (specify time elected between the time the child's
school is regularly dismissed and 6:00 o'clock p.m.) on the day
that the child's school is regularly dismissed for a Friday
holiday or school holiday;
and ending: (CHOOSE ONE)
_______ At 6:00 o'clock p.m. on a Monday holiday or school
holiday;
_______ If the child is enrolled in school, at the time the
child's school resumes after a Monday holiday or school holiday.
(d) Spring Vacation. Each year beginning: (CHOOSE ONE)
________ At 6:00 o'clock p.m. on the day the child is
dismissed from school for the school's spring vacation;
_________ If the child is enrolled in school, at the time the
child's school is regularly dismissed for the school's spring
vacation;
________ If the child is enrolled in school, at _________
o'clock _____.m. (specify time elected between the time the
child's school is regularly dismissed and 6:00 o'clock p.m. on
the day the child is dismissed from school for the school's
spring vacation;
and ending: (CH00SE ONE)
________ At 6:00 o'clock p.m. on the day before school resumes
after that vacation.
________ If the child is enrolled in school, at the time the
child's school resumes after that vacation.
(e) Summer.
(1) If the possessory conservator gives the managing
conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory
conservator shall have possession of the child for 42 days
beginning not earlier than the day after the child's school is
dismissed for the summer vacation and ending not later than seven
(7) days before school resumes at the end of the summer vacation,
to be exercised in not more than two (2) separate periods of at
least seven (7) consecutive days each.
(2) If the possessory conservator does not give the managing
conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory
conservator shall have possession of the child for 42 consecutive
days beginning at 6:00 o'clock p.m. on June 15 and ending at 6:00
o'clock p.m. on July 27.
(3) If the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator shall have possession of the child on any one weekend
beginning Friday at 6:00 o'clock p.m. and ending at 6:00 o'clock
p.m. on the following Sunday during any one period of possession
by the possessory conservator under Subdivisions (5)(a) or
(5)(b), provided that if a period of possession by the possessory
conservator exceeds thirty (30) days, the managing conservator
may have possession of the child under the terms of this
subdivision on any two (2) nonconsecutive weekends during that
time period, and further provided that the managing conservator
picks up the child from the possessory conservator and returns
the child to that same place.
If the managing conservator gives the possessory conservator
written notice by April 15 of each year, the managing conservator
may designate 21 days beginning not earlier than the day after
the child's school is dismissed for the summer vacation and
ending not later than seven (7) days before school resumes at the
end of the summer vacation, to be exercised in not more than two
(2) separate periods of at least seven (7) consecutive days each,
during which the possessory conservator may not have possession
of the child, provided that the period or periods so designated
do not interfere with the possessory conservator's period or
periods of extended summer possession or with Father's Day
weekend if the possessory conservator is the father of the child.
C. HOLIDAY POSSESSION
The following provisions govern possession of the child for
certain specific holidays and supersede conflicting weekend or
Wednesday periods of possession without regard to the instance
the parents reside apart. The possessory conservator and managing
conservator shall have rights of possession of the child as
follows:
(a) Christmas.
(1) The possessory conservator shall have possession of the
child in even-numbered years beginning at 6:00 o'clock p.m. on
the day the child is dismissed from school for the Christmas
vacation and ending at noon on December 28. The managing
conservator shall have possession for the same period in
odd-numbered years. (Could also be when school ends)
(2) The possessory conservator shall have possession of the
child in odd-numbered years beginning at noon on December 28 and
ending: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day before school resumes
after that vacation.
_________ If the child is enrolled in school, at the time the
child's school resumes after that vacation.
The managing conservator shall have possession for the same
period in even-numbered years.
(b) Thanksgiving. The possessory conservator
shall have possession of the child in odd-numbered years
beginning: (CHECK ONE)
________ At 6:00 o'clock p.m. on the day the child is
dismissed from school before Thanksgiving;
________ If the child is enrolled in school, at the time the
child's school is regularly dismissed for the Thanksgiving
vacation;
________ If the child is enrolled in school, at _______
o'clock _____.m. (specify time elected between the time the
child's school is regularly dismissed and 6:00 o'clock p.m.) on
the day the child is dismissed from school before Thanksgiving;
and ending: (CHECK ONE)
________ At 6:00 o'clock p.m. on the following Sunday.
_________ If the child is enrolled in school, at the time the
child's school resumes after that vacation.
The managing conservator shall have possession for the same
period in even-numbered years.
(c) Child's Birthday. The parent not
otherwise entitled under this standard order to present
possession of a child on the child's birthday shall have
possession of the child beginning at 6:00 o'clock p.m. and ending
at 8:00 o'clock p.m. on that day, provided that said parent picks
up the child from the residence of the conservator entitled to
possession and returns the child to that same place.
(d) Father's Day Weekend. If a conservator,
the father shall have possession of the child beginning at 6:00
o'clock p.m. on the Friday preceding Father's Day and ending on
Father's Day at 6:00 o'clock p.m., provided that, if he is not
otherwise entitled under this standard order to present
possession of the child, he picks up the child from the residence
of the conservator entitled to possession and returns the child
to that same place.
(e) Mother's Day Weekend. If a conservator,
the mother shall have possession of the child beginning at 6:00
o'clock p.m. on the Friday preceding Mother's Day and ending on
Mother's Day at 6:00 o'clock p.m., provided that, if she is not
otherwise entitled under this standard order to present
possession of the child, she picks up the child from the
residence of the conservator entitled to possession and returns
the child to that same place.
D. GENERAL TERMS AND CONDITIONS
Without regard to the distance between the residence of the
parent and the child:
(a) The managing conservator shall surrender the child to the
possessory conservator at the beginning of each period of the
possessory conservator's possession at the residence of the
managing conservator.
(b) If the possessory conservator elects to begin a period of
possession at the time the child's school is regularly
dismissed, the managing conservator shall surrender the child to
the possessory conservator at the beginning of each such period
of possession at the school in which the child is enrolled.
(c) The possessory conservator shall: (CHECK ONE)
_______ Surrender the child to the managing conservator at the
end of each period of possession at the residence of the
possessory conservator.
________ Return the child to the residence of the managing
conservator at the end of each period of possession. The
possessory conservator shall surrender the child to the managing
conservator at the end of each period of possession at the
residence of the possessory conservator if (1) the possessory
conservator's county of residence remains the same after the
rendition of this order, and the managing conservator's county of
residence changes, effective on the date of the change of
domicile by the managing conservator, or (2) the possessory
conservator and managing conservator lived in the same residence
at any time during a six-month period preceding the date on which
a suit for dissolution of the marriage was filed and the
possessory conservator's county of residence remains the same and
the managing conservator's county of residence changes after they
no longer live in the same residence, effective on the date the
order is rendered.
(d) If the possessory conservator elects to end a period of
possession at the time the child's school resumes, the possessory
conservator shall surrender the child to the managing conservator
at the end of each such period of possession at the school in
which the child is enrolled.
(e) Each conservator shall return with the child the personal
effects that the child brought at the beginning of the period of
possession.
(f) Either parent may designate any competent adult to pick up
and return the child, as applicable. A parent or a designated
competent adult shall be present when the child is picked up or
returned.
(g) A parent shall give notice to the person in possession of
the child on each occasion that the parent will be unable to
exercise that parent's right of possession for any specified
period. Repeated failure of a parent to give notice of an
inability to exercise possessory rights may be considered as a
factor in a modification of those possessory rights.
(h) Written notice shall be deemed to have been timely made if
received or postmarked before or at the time that notice is due.
(i) If a conservator's time of possession of a child ends at
the time school resumes and for any reason the child is not or
will not be returned to school, the conservator in possession of
the child shall immediately notify the school and the other
conservator that the child will not be or has not been returned
to school.
This is the end of the Standard possession order.
Whew! The End!
Note: The above language illustrates
the Standard Possession Order, but for reasons stated obviously is NOT
actual, ready-to drop-into-a-decree-of-divorce language.
Child possession issues continue to be quite
emotional for parents. You probably ought to consult with an
experienced family law attorney to see how the foregoing language
affects your particular situation.
The 2007 change (December 28) is the first in
the SPO in years.
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03/06/2008
