I get calls every day asking, “When do I get to see my child?” Family law attorneys see this every day so it is second nature to them, but people who had a child together but are not living together, whether married or not, have not had to experience this and it gets confusing. Hopefully this post will help break it down. This post, however, is going to focus on what we call a Standard Possession Order for parents who reside 100 miles or less apart (a different Standard Possession Order applies for parents who reside more than 100 miles apart). A Standard Possession Order is what is in the Texas Family Code and provides for non-primary conservator to have possession of the child on the 1st, 3rd and 5th weekends of each month as well as breaking up the holidays and summer time. If your Order calls for something different, then this post may not apply to you.
Generally speaking if there is a conflict I can usually resolve the conflict by stating, “Holidays and Summers trump regular visitation.”
- During the school year
- The non-primary parent has visitation beginning at 6:00 p.m. on Friday evening and ending at 6:00 p.m. Sunday evening on the 1st, 3rd and 5th weekend of each month.
- The weekends are determined based on the 1st Friday of every month. Therefore, if the first Saturday is the 1st day of the month, then that is NOT the first weekend because the Friday would have been in the prior month.
- Every Thursday evening the non-primary parent has visitation from 6:00 p.m. – 8:00 p.m.
- During the even numbered years the non-primary parent has the child for spring break beginning at 6:00 p.m. on the day school is dismissed and ending at 6:00 p.m. on the day before school resumes.
- During the Summer
- If no notice is given by the non-primary parent then that parent has the child beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.
- If notice is given then the non-primary parent can elect any 30 day period of possession (which can be split into two periods at least seven days each) during the summer so long as it is after the child is dismissed from school and returned at least seven days before school begins.
- The primary parent can designate up to two weekends in which the non-primary parent would have possession of the child, so long as it does not conflict with Father’s day and so long as only one of those weekends is during the non-primary parent’s 30 day possession time.
- The same 1st, 3rd and 5th weekend periods of possession apply during the summer as they do during the school year.
- Holidays
- If you are entitled to possession during Christmas then you do not have possession during Thanksgiving.
- If you are not entitled to possession of the child on his/her birthday, then you have possession from 6:00 p.m. – 8:00 p.m. on the child’s birthday. This does not matter if it is a weekday or a weekend.
- Mom’s ALWAYS get Mother’s day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday
- Dad’s ALWAYS get Father’s day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday
So if you keep in mind that Holidays and Summers generally trump regular visitation you can usually resolve any conflict in your Order. However, having said that, some Orders are not written clearly and you may need the advice of an attorney to help you understand your Order. Your Order may also need to be modified or clarified in order to be enforceable.
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