Category Archives: visitation

Standard Visitation in August

August is upon us and the return to school is looming in the near future. For the Texas Standard Visitation Order that means we get back to our regular schedule.

For weekend possessions this month, the non-custodial parent will get the weekends of the 1st, 15th AND 29th.  Remember that weekends continue throughout the summer and they are determined by the 1st, 3rd and 5th Fridays of the month in Texas.

It is also important to note that if the non-custodial parent had the child from July 1st to July 31st by default for their extended summer standard visitation, the child will come home to the custodial parent on Thursday evening (31st) and go right back to the non-custodial parent the following day for the 1st weekend visit.

Thursdays (or Wednesdays if you have an older order) will begin on the first Thursday following the kids first day at school. If they begin on a Thursday then they begin that evening.  I believe most kids start school on the 25th of August.  That would make the first standard visitation weekday visit for the month of August on Thursday the 28th.

I continue to have questions/discussions about weekends during the summer in a standard visitation order in Texas. I have talked about this in the past in a discussion about weekend visitation and summer possession. I do not know how to make it any clearer, but here it goes:

WEEKEND VISITATIONS CONTINUE IN THE SUMMER, THURSDAYS (OR WEDNESDAYS IN THE CASE OF OLD ORDERS) DO NOT. I think that should clear it up. If the child is not on an extended period of summer possession with the non-custodial parent then the weekends (1st, 3rd, and 5th) continue just as they do during the school year.

You can see this by reviewing your standard possession order.  Thursdays (or Wednesdays) are “during the regular school term” while weekends contain no such language.

Comment if you have any questions and have a great end of the summer.

Standard Visitation in Texas for April

This month is April…what do we have on tap for Texas standard visitation?

Weekends

Your standard possession weekends for April are Friday, April 4, 2014 (1st Friday) and Friday, April 18, 2014 (3rd Friday).  Remember from earlier posts that the weekends are measured by Fridays.

If you look at a monthly calendar, find the column for Fridays.  Find the first Friday in that column.  That is the first standard visitation weekend under a Texas standard possession order.  Then find the third Friday in that column and maybe even a 5th Friday in that column.  There you have it, a standard visitation order as it applies to weekends.

Thursdays

For Thursdays (or Wednesdays in older orders).  You should have every one this month. those being April 3rd, 10th, 17th and 24th.

Holidays

If your children are out on Friday or Monday for the Easter weekend, then the provisions dealing with a long weekend will be in effect as Easter falls on the third weekend of the month.  This means that if your child is out on Good Friday, then the visit which normally would have started on Friday, will now begin at the same time on Thursday.  If they are out Monday, your visit will extend to Monday evening from Sunday evening (assuming your visits end at 6:00 p.m. on Sunday) or return to school on Tuesday if your visits end when school resumes on Monday.

Important Dates

Remember that April 1st of a year is the deadline to pick your extended summer visitation.  If you do not meet the deadline, then it automatically defaults to July 1st to July 31st.

If you are the custodial parent, meaning that you determine the residence of the child and the other parent exercises visitation, then you have until April 15th to designate one weekend inside the above extended summer visitation.  This weekend is typically 6:00 p.m. Friday to 6:00 p.m. Sunday.

For instance, if the visiting parent did not designate, we know they get July 1st to July 31st.  You can designate one weekend in the month of July for visitation.  If they did designate, then you have to pick a weekend inside that designated time.

Other than this, I do not see anything that jumps out at me for an April standard visitation order in Texas.  As I always say, READ YOUR ORDER.  Nothing I post here has any relevance if your order is different from the Texas standard possession order.  When in doubt, contact a local attorney to understand your rights and duties.

March and Spring Break Visitation in Texas

March is quickly approaching, what do we have on tap in March under a Texas standard visitation order?

The non-custodial parent will have the right to visitation on the weekend of the 21st of March, which is the 3rd Friday of the month. We know from previous posts that weekends are measured by Fridays in Texas and those Fridays are the 1, 3 and 5th Friday of the month.

You may be asking yourself, where is the 1st Friday of the month?  That is a great questions.  If you remember, holiday visits in Texas are superior to weekend or midweek visits.  The 1st Friday in the month of March is the 7th.  If this date is your child’s Spring Break, then you are getting Spring Break already and are not concerned with the weekend visit.

However, if your child’s Spring Break is the following week, you would get the child on the 7th of March (1st Friday of the month), keep the child the following week (spring break) and return the child at the time designated in your order the following Sunday.  You will also get the 21st (3rd Friday).

So if my math is correct, and your child has Spring Break the week of March 10th, then under the Texas standard possession order, you are getting three weekends in a row.  That doesn’t sound to bad for the non-custodial parent, however, for the custodial parent that does not work out to well.

This is a situation where the standard visitation order gets a little clunky, but there is no way around it because there has to be some consistent dates for holidays.

You will get every Thursday (or Wednesdays in older orders) this month.  Of course one of those is actually your holiday visit, and the others are you standard visitation, during the school term, visits.

Hope that helps!  Talk to you soon.