Category Archives: visitation

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.

Weekends in the Standard Possession Order for Texas

In my last post I discussed weekends under a Texas Standard Possession Order.  Every once in  a while a specific month provides a perfect example for things I am trying to explain.

Have a look at January 2014.  We know from my previous post that a standard possession order includes weekends measured by the first, third and fifth Friday of the month.

In January the date for a standard possession weekend are the 3rd, 17th and 31st.  Very simple, right?  Well, no it is not.  Most people think they have the first, third and fifth “weekend” of the month and don’t understand the Friday thing.  If you use that rationale, you would then be confused by the weekend of the 31st thinking that Saturday is the “weekend” and therefore that is the first weekend of February.  That thinking is wrong.

The 31st is a visitation weekend under a Texas Standard Visitation Order, but it is a fifth weekend.  If it is a fifth weekends, then the following weekend, February 7th, would be the first Friday of the month of February.  Back to back weekends.  It works like this every month there is a 5th Friday of the month.

Hope this helps.