What is expanded standard visitation? The statutes governing expanded standard visitation can be found at Section 153.317 of the Texas Family Code. To understand expanded standard, you must first understand standard visitation.
A discussion of a standard visitation order for Texas can be found here:
Expanded standard visitation simply adds time on to the standard possession order. You can elect to add time on to the following times:
Weekend periods of possession, pursuant to §153.317(a)(1)(A) and (B) provides that you can pick up the child when school is dismissed on Friday and/or return the child when the child’s school resumes the following Monday.
Thursday periods of possession, pursuant to §153.317(a)(2)(A) and (B) provides that you can pick up the child when school is dismissed on Thursday and/or return the child when the child’s school resumes the following Friday.
Essentially this creates uninterrupted visitation from the end of school Thursday through the following Monday morning for a parent’s weekend possession.
There are more time available for holiday periods of possession and for extended weekends due to holidays. These can all be found at §153.317 of the Texas Family Code.
If you notice above, I used the word “elect” for determining when these apply. Under the code, the parent exercising visitation can “elect” these additional times provided as follows:
- The court finds that the expanded standard visitation times are in the best interest of the child; and
- The election is made before or at the time that the visitation order is entered; and
- The election is written and filed with the court or an oral statement is made in open court (i.e. at a hearing) on the record (a court reporter typing).
What does all that mean? It means that if you are in a current lawsuit over a visitation order, and the court is ordering a standard possession order, you can elect to have any of the expanded standard visitation times set out in §153.317 if you file a written request with the court or request it at a hearing on the record, and the court thinks it is in the best interest of the child.
The important notes are that the person exercising visitation gets to choose, and that there must be a current lawsuit pending regarding visitation. You cannot make these elections after an order is entered.
Tags: Divorce, Modification, possession, Standard Possession Order, Visitation
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How does the Expanded Visitation Schedule impact the Summer months?
I’m sorry that I’m not clarifying. My specific questions are:
(1) The non-custodial parent (father) has provided written notice for two 15-day periods during the summer, one in each of June & July. He does have extended possession and I’m just trying to find out if he still gets every Thursday evening through Friday morning.
(2) Also, if his weekends resume for the remaining Summer break, does he pick them up at 6:00 or at the time “school ends” and return them on Monday morning, as he did during the school year?
All the answers to your questions are in your order. You need to read your order carefully. If you do not understand it then you need to get an attorney to explain it to you. I do not have your order so I cannot answer your question. It is unclear if you have a standard possession order or not.
That depends on whether it is a standard possession order or not. If it is, then the the weekends continue and the weekdays do not.
I have an interesting question for this topic. If the noncustodial DOES elect expanded standard and it is in the court order but that parent is consistently having issues picking the child up from the school and is requiring the custodial parent to meet later on in the afternoon what recourse does the custodial parent have? There are no clauses in the court order stating that anything regarding this situation. Does the ncp automatically lose rights to that visit if they can not pick up as court order states if cp does not agree to meet at an alternate time?
If you want to take away the expanded portion of the visitation then you will have to seek a court order to do so. Reasonable requests to modify the pick up time should be met. What is reasonable depends on who you ask I suppose. It is always better to err on the side of being reasonable. I suggest you run this by an attorney in your area before you make a decision on how to act or proceed.
My great-granddaughter’s parents went to court to modify child support status. The mother of the child signed off in court that she was giving the father expanded visitation rights effective August 1, 2012. Along with the modification she allowed him access on Thursday at 6 pm through Sunday at 5 pm. The catch was he would be given an extra day of visitation on the 1st, 3rd, and 5th weekends of the month if he agreed that my husband nor I picked up the child or returned her back to her residence.
We had a family disagreement about three years ago and even though the mother and the two little girls lived with us for over a year, she got very upset over the children wanting to be with me and she felt threatened so she decided to cut them from us cold turkey. I tried to explain that they need time to transition from being with us 24/7 and in their new residence but she would not listen. The children are 8 and 5 years of age. They have different fathers and the five year old’s father allows us time with her and she is very happy to spend time with us. The sad part is that she tells me her sister misses us and is not allowed to see us by her mother or father.
Here is my question, can the father add us to school list of emergency contact and can be allowed to have lunch with our little great-granddaughter. She is entering Kindergarten this year and we would really like to continue to be a part of her school life as well as the weekends and holidays.
Please respond, as we are anxious to know our options. Thank you so much.
Will I get any feedback regarding my concerns stated above?
If the school will allow it, yes.
Hello,
I have a question about “if you are in a current lawsuit over a visitation order, and the court is ordering a standard possession order, you can elect to have any of the expanded standard visitation times”.
I have had signed/filed temporary orders for standard visitation for 14 months. I am trying to reach a final decree. Does this mean that my son’s father can elect to have expanded standard visitation in the final decree? In other words, does going from temporary orders to the final decree constitute a current lawsuit over visitation?
Thank you.
i have a question, i recently, in August, signed in mediation for the father to have expanded SPO though i greatly disagreed with it since my daughter was so used to being in my care. She is only 2 1/2. I feel my attorney swayed me to agree with his attorney just to get the mediation over with that day. i did not want to sign anything, but was pressured to. Since final orders have not been signed yet can i still go back and fight for standard visitation? My daughter cries for me and when she is without me for 4 days i notice a change in her demeanor like she is upset i left her. I am scheduling a meeting with a therapist to see how negatively this affects her. it breaks my heart. i am going crazy not seeing her for 4 days and i work full time so i feel i get less time with her since he has more weekends, 1st, 3rd, 5th plus Thursdays overnight. i really dont think this is in the best interest for her and dont know what to do. please help.
My soon to be ex-husband and I both agree that we both want standard possession to go throughout the summer months. With our jobs, it is in the best interested of our children to continue with 1st, 3rd, and 5th weekends as well as one day a week. Do I need to add a motion? Or can I put something in the SPO?
It needs to be in your final decree of divorce before it is entered with the Court.
Most likely you will be held to your agreements in the Mediated Settlement Agreement.
Which takes precedence:
Sample Temporary Orders:
Weekend Possession Extended by a Holiday, Except as otherwise explicitly provided in this possession order.
A. If a weekend period of possession of (name of parent ) coincides with 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…the weekend possession shall end at the time school resumes AFTER that holiday.
OR
Christmas Holidays in even numbered years, – In even men red years beginning on 12-28, and ending at 6:00pm the day before school resumes after that Christmas school
Vacation. NOTE during this Christmas Break, there was a teacher in service day on Monday, January 7,2013. Therefore, school did not resume until Tuesday January 8, 2013.
So the unanswered question remains …
Which situation is correct? 6:00pm after Christmas Break
OR
The Tuesday when the children actually return to school because of the teacher in service day on the preceding Monday?
Your input is gratelt appreciated !
Your answer is in your question. Holiday possession ends “the day before school resumes…”. What day did school resume for the child (not the teachers)? There’s your answer. Teacher in-service days are considered “holidays”.