This is my first post in a series on the Texas Standard Possession Order and the wording associated with visitation in Texas.
The foundation for the Texas Standard Possession Order is the weekend visit. Weekend visits occur on the first, third and fifth Friday of every month. When looking at a standard calendar, find the first Friday of any given month and that is the first Friday described in the standard possession order. The third weekend is self explanatory and occasionally there will be a fifth Friday in a month.
When there is a fifth Friday in a given month, the immediately following Friday will be the first Friday of that month, in effect giving two weekends in a row. This pattern continues throughout the year and is only superseded (or replaced) by holiday visitations.
The standard pickup time for the Texas Standard Possession Order is 6:00 p.m. on Friday. However, the person exercising visitation has the right to elect that their visits begin at the time the child’s school is dismissed, or any time between the time the child’s school is dismissed and 6:00 p.m., if that election is made before entry of the order and it is reflected in the order. This means that you cannot elect this provision after the order is entered.
The standard drop off time for the Texas Standard Possession Order is 6:00 p.m. on the Sunday following the first, third or fifth Friday of the month. However, as stated above, the person exercising visitation has the right to elect that the visitation ends at time school resumes on the Monday following the first, third, or fifth Friday of any given month provided the election is made prior to entry of the order.
If the parties live more than 100 miles from each other, the person exercising visitation can either exercise the weekend visits as set out above or they can elect to exercise one weekend per month of their choice to begin at 6:00 p.m. on that Friday and ending at 6:00 p.m. on the following Sunday. The visiting parent must give 14 days written or telephonic notice of the weekend they choose. Additionally, this election for one weekend per month must be made in writing to the parent with custody of the child within 90 days after the parties begin to live more than 100 miles apart.
If a first, third or fifth weekend (or the weekend designated if over 100 miles) coincides with a school holiday during the school term or with a federal, state or local holiday during the summer, the weekend possession will begin at 6:00 p.m. on Thursday immediately preceding a Friday holiday or it will end at 6:00 p.m. on the Monday holiday. If alternate pick up and drop off times were made as described above then those would apply here as well.
By way of example, if Memorial Day weekend is a person’s visitation weekend, then their possession would end on that Monday holiday at 6:00 p.m. and not at 6:00 p.m. the preceding Sunday. If they had elected to return the child to school at the end of their possession times then that parent would return the child to school on Tuesday morning following the Monday holiday.
In my next post, I will discuss the Thursday periods of possession of the Texas Standard Possession Order.
Tags: Children, Divorce, Modification, possession, Standard Possession Order, Visitation
[...] get asked why the possessions end at 6:00 p.m. and not on the following Monday morning as a standard weekend may end. The only answer I can provide is that it is designed for the child to be able to unwind [...]
[...] calculate guideline child support in Texas online. I have posted about both of these subjects on my blog and on the Avvo.com website, so I know the information is out [...]
[...] why I am discussing weekend visitation in the summer, then perhaps you should review my post on weekend periods of possession as they last throughout the year under a standard visitation [...]
[...] 16th, that parent can choose one weekend during the summer to exercise visitation that would have otherwise been the visiting parent’s weekend. Again, this visit begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on the following Sunday [...]
[...] review my prior posts for discussions of summer, weekend and Thursday periods of visitation to refresh yourself on the standard visitation rules for [...]
[...] possession time. For a discussion of weekend possessions in the summer you can visit my post at http://chrislawyerblog.com/2010/03/texas-standard-possession-order-de-mystified-weekend-possessions/. If you are in the over 100-mile provisions of a standard visitation order, you will get to [...]
[...] day summer possession (and it was not July), then you will have your normal first, third and fifth weekend periods of possession which would be this weekend, the 16th, and the 30th. Typically these possessions will begin on [...]
[...] Weekend possessions [...]
[...] hundred miles of each other) the child would be away from one parent. All other provisions for weekends and holidays remain the [...]
[...] of Labor Day weekend. Labor Day is following the first Friday of the month which is a standard weekend period of possession under the standard visitation [...]
[...] a Friday or a Monday, check your order well because a standard visitation order has a provision for extended weekends when Friday or Monday are a holiday for the kids. If it is a Friday holiday your visitation will [...]
[...] standard weekends this month are Friday the 5th and Friday the 19th (maybe, see below). The Thursday (or Wednesday [...]
My daughter is 2. It says he can pick her up at “school” on the friday when school is dismissed. Since she does not go to school what does that mean for her. It says the definition of school is the primary or secondary school in which she is enrolled or the school district that she lives in. Does that mean he can pick her up on Fridays when the school district gets out at 3:30? It also said he can pick her up at school on those days… Well she goes to daycare. If the child is not in school than he will pick her up at my house. I am very confused on when and where he gets her. He wants to pick her up on Fridays from daycare at 3:30, but not on all his Fridays. He wants to pick and choose when he can get off work. I say the papers say he has to pick her up at my house and I will let her go at 4:00 because I can’t get her home before then. I want to go along with the papers, but they are not clear to me.
I see above that the 19th would be the 3rd weekend this month for non-custodial parents. Our school district did something different in this day, where they have Monday and Tuesday designated as “Bulldog Days” for students who are behind. Our children do not qualify for these days. I know that HB 1012 extended possessory conservators weekends if there are teacher in-service days. HOWEVER, do these days extend the custodial parent’s Thanksgiving Holiday…therefore, giving the custodial parent the 19th weekend as well? Or does non-custodial still get the 3rd weekend, through 6:00PM on Tuesday?
That is a great question and was the subject of my second to last post. You can find that post at http://chrislawyerblog.com/2010/11/november-and-standard-visitation-in-texas. Read that and see if it helps. There really is no clear answer to this question.
Tonya, I have not seen your papers but typically he can pick up when the school district lets out, whatever time that is. It is different for elementary than it is for high school I think. However, he will get to pick her up from daycare at whatever time that is. As far as him fluctuating, I think the courts would allow him some leeway there. It is hard to speak definitively on this without seeing your order but I think you get the idea.
Clear as mud!!!
I’m thinking the legistators need to change the terminology to say, any day that the children are not required to be in school (during the school year) is considered a holiday and extends a weekend possesion by the parent entitled to said weekend. I think they need to address holidays (as of right now, for us at least, Thanksgiving has been the only issue due to how it falls after the 3rd weekend) separately. In this case, I argue that all non-required days are holidays, and therefore, should be included as part of the holiday and supercede the weekend visitation. This would take care of state, local, federal holidays, student holiday, staff development days, bad weather days, and NOW Bulldog Days!!!
I have a quick question– I have SPO– last weekend was my weekend– this weekend should be dads– but kids get dismissed from school for Thanksgiving holiday– does that mean that I get this weekend and next week?? Or does dad get possession this weekend? We live less than 100 miles apart. Need answer ASAP
I just posted about this a few posts ago. Check out http://chrislawyerblog.com/2010/11/november-and-standard-visitation-in-texas. Good luck.
[...] the Christmas holiday. Once they return to school you will return to the standard weekday and weekend visitation [...]
[...] in school now. With the holidays behind us we enter a few months of normal standard visitation weekend and weekday [...]
The state of TX doesn’t seem to address this, but implement weather- at what point does the safety of the child supersede the outline for the standard possession? Example: it is snowing today.. A lot, roads are wet and may ice over. I told my ex husband that if traveling conditions became severe I would not endanger our child. He however enjoys holding the papers over my head. I feel as if it is my right not to endanger my child, especially while he is in my possession… What does the law say, and how can I protect my child when his father would rather endanger our Childs life ( and mine too for that matter)
There is no law governing inclement weather and visitation, just common sense. If the court feels one party is being unreasonable then they may punish that party. Even if the child is withheld, arrangements need to be made to get the child to the other parent as soon as possible. The parent should also consider make up time for the other parent if a significant time is missed. These are the things the court will look at to determine the reasonableness of the parties.
for the month of february 2011, the 4th, tomorrow, is non custodial parent weekend right? it’s the first weekend of the month, although i did have them last weekend (5 weekends in january), and she’s claiming the following: “u only get kids if Friday falls on 1st, 2nd, or 3rd. This friday is the 4th”
doesn’t make sense?
A standard visitation order is the 1st, 3rd and 5th FRIDAY of the month. Notice I said Friday and not “weekend”. It is irrelevant how many weekends there are. If there are 5 Fridays in a month, then you get the child 3 weekends that month. The very next weekend is the 1st Friday for the following month. If there are only 4 Fridays in a month you would only get the child on 2 weekends.
In January the 1st Friday was the 7th. The 3rd Friday was the 21st. There was no 5th Friday in January. For February the 1st Friday is the 4th and the 3rd Friday is the 18th.
Hope that helps.
school is out early on thurs and closed on Fri and other half says I’m suppose to release kids today ( Thurs) @ 6pm instead of Fri., but I didn’t think it is so bc snow will be gone by 12pm Fri so I would think other half has to wait & pick up tomorrow @ 6pm. I live in Texas & it doesn’t snow very often (never) here. I’m asking if a weather day is considered a holiday & I am suppose to give kids to other half today(thurs)
I have a 14 and 16 year old and a standard sort of possession order with their dad. Their dad has gotten very emotionally and verbally abusive with them and controlling of their time to the point that there are weekends where they don’t want to go with him. When this has happened it is a HUGE deal as my ex becomes verbally abusive to them making threats to them about what will happen to them if they don’t come – everything from – you won’t ever drive again when with me, to I will come to school and block your truck in, etc. This happened two weeks ago. My son (the 16 year old) flat out would not go with him. My daughter who is not driving and who gets picked up by her dad on Friday didn’t want to go but her dad made sure he was there to pick her up. He would NOT allow her to come home to pack any stuff for the weekend and since he picked her up from soccer she did not have any of her homework (was with her brother) so she spent all weekend with her dad with no change of clothing, no make-up and was forced to go to his weekend place with him where he and his “buddies” hunted, hung out and drank all weekend. She was miserable though as she said could not “escape” as he would not bring her home in fear of her not then coming out o the house nor leave the house in town as he feared she would call someone to pick her up. Once they were at his weekend place, he left her there alone as he and his buddies hunted as it is an 1.5 hours away and I guess he knew there wasn’t anyone that would pick her up and take her home. She made it clear she wanted to go home. Each time this happens emotions run high and the kids are beat down. My son drives so has made decisions simply not to go there as he did two weeks ago.
My question is – what can my kids do other than take this emotional/verbal beating each and every time? Their dad says he is going to have them arrested, me arrested, have the court order changed so they have to spend even more time with him, etc… all of which is non-sense though the kids don’t know what to believe. Is there a way to get the visitation changed in a way where the kids have more of a voice in if/when they want to go? It is heartwrenching as a parent to see them being bullied this way and to have to let them endure that while they sort through whatever decision they are going to make about their dad. I’m most concerned about my 14 year old who does not drive and hence is somewhat in her own words “held hostage” by her dad during his times of possession.
Sorry for the long comment, just wanted to explain my situation clearly. Thank you.
What should happen if there is a school closure due to weather on a Friday? Does that mean that weekend visitation carries over from Thursday? It is technically not a holiday. Do they pick them up at 4:00 on Friday? Friday schools are closed due to weather.
Read your order specifically. It is not a holiday and it is not an in-service day. You have to comply with the order as WRITTEN. I cannot see your order so it is impossible for me to comment.
I do not think a weather day constitutes a holiday. I cannot see your order. You need to follow it specifically as written. If it says holiday and it is not a holiday then it would not count.
You need to retain an attorney, file a petition to modify the order and ask the judge to speak with the children. Good luck.
[...] 4th was your first weekend visit this month if you have a standard visitation order. Your other weekend possession this [...]
Does anyone know if both parents agree to this just verbally in the separation, but the non custodial parent is habitually late in picking up the children, is there a lotted amount of time you can wait and just say okay, you are more that ____________ late so you cannot take them? I am sick and tired of waiting until 8,9, or 10 to pick up a 4 year old and a 6 year old. How long after 6:00 am I required to wait?
Windy, there is no specific rule for this. However, I usually ask my clients to wait at least thirty minutes unless the other party has called and said that they will be late, and it is an occasional thing. I would tell me clients that 8, 9 or 10 is too late and the visit is forfeited.
[...] College basketball is ramping up, spring is here…love it. For visitation purposes this weekend is the first Friday of the month and therefore the first possession period. The third Friday is [...]
Can I do anytinhg if most of the time he is late on picking her up and droping her off? And he wants to pick and choose what Thrusdays he wants to pick my daughter up. Is not that I mind having my child with me, put in the other hand I have to put my plans on hold until wensday to know if I can make plans or if I have to make arregements to be home at 6 for him to pick her up?
I cannot answer that question without seeing your order. Your description of the wording does not provide me enough information.
If it becomes a problem you can ask the court to remove the Thursday visits all together so that there is some consistency. With regard to him being late, it depends on how late he is. Ten minutes, not a big deal. One hour, that is a big deal.
[...] month of May is relatively simple in terms of Texas standard visitation. The weekend periods of possession are Friday, May 6th for a mother who is not the custodial parent and Friday, May 20th. All the [...]
What do you do when the custodial mom will not let the child (8 years) go with the dad for no acceptable reason? This has been going on for three months. The dad goes on his fridays to pick up the daughter and the mom refuses to let her go and causes a scene. The sheriff is always called in, a copy of the order is always shown, and although the order gives a peace officer jurisdiction to enforce the order, they always claim they do not have to make the child go. They tell him to take her back to court. He cannot afford an attorney to take her to court. Why does he pay her child support and stay in compliance and she does not have to comply? Is there any option for him to get help? We just cannot seem to get answers.
He is going to have to file a motion for contempt against her. He needs to make sure he follows the order specifically. If it says that he is to be there on Friday at 6:00 p.m. then he needs to be there, whether she lets the child go or not. He needs to write down all the dates and times and describe what happened. He needs to track down the closest law library and see if he can find a family law form book that will help him prepare an motion for contempt (or enforcement).
By all means, do not stop paying child support. Child support has nothing to do with visitation, they are separate issues.
Am I requried by law to allow the father of my child to make up weekends that he didn’t get his son if I had told him in advance of the situation and he just chose not to do it.
I have custody in a standard visitation order. This summer my ex wishes to have my girls the full July visitation. From what I read, I only get 1 weekend during that whole 30 days?! however I never get a full 30 days without interruption. What you posted is exactly as my papers read. Why does the visitation not just switch where during that month I get the 1st, 3rd and 5th wknds? I get 1 weekend, not even a weekly evening visit. What can I do to change this??
Nothing. Most likely you cannot change it. You get the children the bulk of the year whereas the other parent does not. If you had equal 50/50 possession throughout the year then I could understand your argument.
It depends on the reason for the missed visit. If you were the cause then I would suggest you let him make them up. If he simply didn’t show up for a court ordered visitation then he is not technically given a make up.
Your blog has been so helpful, thank you! In our possession papers I am confused about dropping off, they say: return of children by, father, – father is ordered to return the children to Stacy at the residence of Stacy at the end of each period of possession. Then on the same page it says: return of children by Stacy, Stacy is ordered to return the children to Father, if Father is entitled to possession of the children, at the end of Stacy’s exclusive periods of possession, at the residence of Father. My question is does the first paragraph mean he drops off at the end of his 1st, 3rd, 5th weekends, and after his holidays; and the second paragraph apply to the one weekend in the summer for me to drop off? On different note, he has began dropping her off at my apartment, but staying downstairs in his car, and having her walk up alone. I live on the third floor, and you can not see her past the first few steps. There are entries on both sides to the stairwell so she could be easily taken without him knowing, or fall down the concrete stairs and he wouldn’t know. She is five years old. I have asked him to call me when he gets here and that I would walk down and get her, but he won’t. He is unpredictable with his arrival times so I can not just go outside and wait. One more thing, he has my daughter and her older step brother who is eight share a bedroom, even though her younger step sister has a room. I have asked him to let the girls share, since i believe it is inappropriate for a 5 yr old girl and 8 yr old boy to be sharing a room. Her brother has even expressed to his mother that he doesn’t want to go over there anymore because he doesn’t want to share a room with her. Is there anything I can do about these two things? I am very worried about her being taken by someone who notices a pattern of her walking up alone. I apologize for the length of the post. Thanks.
I have three questions. One, I have custody of my son and my exwife has custody of my daughter. She will not allow my son to visit her on the weekends she is suppose to have visitation. My son is 5 and this has been difficult for him. I get my daughter who is 3 on my visitation weekends. What I want to know is does she forfeit future visitation rights for our son if she should in the future want visitation? Does this change the court order? She does not give me any paperwork saying she doesn’t want him on the weekends she is to get him and waits till I take him to her to tell him he can’t stay. Two, if I am going to be late picking up my daughter because of my job, I let her know by phone that I will be late because I may not get off work until after 6 pm. Can she cancel my visitation rights for that weekend? Three, she is moving to another county to go to work our divorce decree states she must reside in the county we are living in. She wants me to sign a paper stating I agree to allowing her to move. If we can agree on everything for her make this move, will a notarized paper be enough or do we need to file with the court.
She gets her weekends until the court order is modified. Nothing can modify the decree except the judge. If you notify her that you will be running late she cannot cancel your weekend visitation. If she denies then you can file an enforcement proceeding to enforce the visitation. A written agreement is typically enough to allow someone to move.
You are correct. He returns to your house during normal periods of possession. There are certain circumstances in a decree when you can get her during his court ordered possession (her birthday if it is his time of possession). In those situations you would pick up and drop off at his house. Not sure there is much you can do about the other stuff without a court order. Good luck.
molly may august 12,2011
Does step parents have rights when they are married to the non-custodial parent? All the parent has is spo nothing more or less. The parents new spouse thinks she is the parent and what can i do to protect my child?