Who Gets to Keep the Children?

In Texas, custody is known as conservatorship. Texas law presumes it is in the best interest of a child to appoint parents Joint Managing Conservatorship (“JMC”). This refers to an equal sharing of parental rights, except for the right to establish residency (where the child lives) and the right to receive child support. Parents can agree to divide up the parental rights in any manner they believe is appropriate and the judge can also assign rights in any manner it deems to be in the best interest of the child.

After parental rights are determined, possession of the child(ren) is at issue. Traditionally, possession for the child(ren) is for the child(ren) to live primarily with one parent and visit with the other parent. Texas has a standard possession schedule for child(ren) that the Court will follow unless modified and agreed upon by the parents. A standard possession schedule is as follows:

1. Weekends –

On weekends that occur during the regular school term, 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.

On weekends that do not occur during the regular school term, 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.

2. Weekend Possession Extended by a Holiday –

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Visiting Parent begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday.

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Visiting Parent ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday.

3. Thursdays – On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

4. Spring Vacation in Even-Numbered Years – In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

5. Extended Summer Possession by Visiting Parent –

With Written Notice by April 1 – If Visiting Parent gives Primary Parent written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Visiting Parent shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day.

Without Written Notice by April 1 – If Visiting Parent does not give Primary Parent written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Visiting Parent shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Visiting Parent , it is expressly ORDERED that Primary Parent shall have a superior right of possession of the child as follows:

1. Spring Vacation in Odd-Numbered Years – In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

2. Summer Weekend Possession by Primary Parent – If Primary Parent gives Visiting Parent written notice by April 15 of a year, Primary Parent shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Visiting Parent in that year, provided that Primary Parent picks up the child from Visiting Parent and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day possession.

3. Extended Summer Possession by Primary Parent – If Primary Parent gives Visiting Parent written notice by April 15 of a year or gives Visiting Parent fourteen days’ written notice on or after April 16 of a year, Primary Parent may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Visiting Parent shall not take place in that year, provided that the weekend so designated does not interfere with Visiting Parent ‘s period or periods of extended summer possession or with Father’s Day possession.

(d) Parents Who Reside More Than 100 Miles Apart

Except as otherwise expressly provided in this Standard Possession Order, when Visiting Parent resides more than 100 miles from the residence of the child, Visiting Parent shall have the right to possession of the child as follows:

1. Weekends – Unless Visiting Parent elects the alternative period of weekend possession described in the next paragraph, Visiting Parent shall have the right to possession of the child on weekends that occur during the regular school term, 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 on weekends that do not occur during the regular school term, 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.

Alternate Weekend Possession – In lieu of the weekend possession described in the foregoing paragraph, Visiting Parent shall have the right to possession of the child not more than one weekend per month of Visiting Parent ‘s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Visiting Parent may elect an option for this alternative period of weekend possession by giving written notice to Primary Parent within ninety days after the parties begin to reside more than 100 miles apart. If Visiting Parent makes this election, Visiting Parent shall give Primary Parent fourteen days’ written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and Mother’s Day possession below.

2. Weekend Possession Extended by a Holiday –

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Visiting Parent begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday

3. Spring Vacation in All Years – Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

4. Extended Summer Possession by Visiting Parent –

With Written Notice by April 1 – If Visiting Parent gives Primary Parent written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Visiting Parent shall have possession of the child for forty-two days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day.

Without Written Notice by April 1 – If Visiting Parent does not give Primary Parent written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Visiting Parent shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

Notwithstanding the weekend periods of possession ORDERED for Visiting Parent, it is expressly ORDERED that Primary Parent shall have a superior right of possession of the child as follows:

1. Summer Weekend Possession by Primary Parent – If Primary Parent gives Visiting Parent written notice by April 15 of a year, Primary Parent shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Visiting Parent during Visiting Parent ‘s extended summer possession in that year, provided that if a period of possession by Visiting Parent in that year exceeds thirty days, Primary Parent may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Primary Parent picks up the child from Visiting Parent and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day possession.

2. Extended Summer Possession by Primary Parent – If Primary Parent gives Visiting Parent written notice by April 15 of a year, Primary Parent may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which Visiting Parent shall not have possession of the child, provided that the period or periods so designated do not interfere with Visiting Parent ‘s period or periods of extended summer possession or with Father’s Day possession. These periods of possession shall begin and end at 6:00 p.m. on each applicable day.

(e) Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of possession of Visiting Parent, Primary Parent and Visiting Parent shall have the right to possession of the child as follows:

1. Christmas Holidays in Even-Numbered Years – In even-numbered years, Visiting Parent shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Primary Parent shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

2. Christmas Holidays in Odd-Numbered Years – In odd-numbered years, Primary Parent shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Visiting Parent shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

3. Thanksgiving in Odd-Numbered Years – In odd-numbered years, Visiting Parent shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

4. Thanksgiving in Even-Numbered Years – In even-numbered years, Primary Parent shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

5. Child’s Birthday – If a parent is not otherwise entitled under this Standard Possession Order to present possession of a child on the child’s birthday, that parent shall have possession of the child and the child’s minor siblings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the children from the other parent’s residence and returns the children to that same place.

6. Father’s Day – Visiting Parent shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if Visiting Parent is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Primary Parent’s residence and return the child to that same place.

7. Mother’s Day – Primary Parent shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother’s Day and ending at 6:00 p.m. on Mother’s Day, provided that if Primary Parent is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from Visiting Parent ‘s residence and return the child to that same place.

The Court may limit the child(ren)’s residence to a certain geographic area such that the residence is restricted to the current county of residence and contiguous counties (counties that touch the county of residence).