February 2015 and the Texas Standard Possession Order

I hope everyone is having a happy New Year!  We are almost to February, so let’s see what we have on tap for standard visitation this month under the Texas standard possession order.

For practice, let’s all pull out our monthly calendar for this month.  As you can see, the first and third Friday of this month falls on the 6th and 20th of the month.  That means your standard possession this month will be on those weekends.  There is not a 5th Friday this month, so only two standard possession weekends this month.

Your Thursdays this month will fall on the  5th, 12th, 19th, and 26th of the month.  If you still have the old standard possession Wednesdays during the week then your visits would be on the 4th, 11th, 18th and the 25th.

While we have our calendar out, let’s look at the sole holiday this month.  President’s day is on the 16th of the month and many kids will be out of school on that date.  Quiz:  will this holiday belong to the non-custodial or custodial parent?

Answer: since it follow the 2nd Friday of the month, under a Texas standard possession, order it will belong to the custodial parent.  In comparison, see the Martin Luther Kink holiday from last month to see what would have happened in the event it followed a 1st, 3rd or 5th Friday.

As always, if you have any questions, please feel free to comment below.

Next month we will review Spring Break and I will be adding a post soon that discusses what an “extended weekend” is as I have been referencing those a bunch in the last two posts.

In the near future I will be adding a feature where you can pay me a nominal fee to review your decree and answer specific questions that you may have.

, ,

11 Responses to February 2015 and the Texas Standard Possession Order

  1. Hollis March 4, 2015 at 12:37 pm #

    Will you be posting soon about meeting the April 1 deadline for extended summer visitation & how to capitalize the most time?

  2. P October 19, 2015 at 9:43 am #

    If the non-custodial parent is to have supervised visits from say July -December then January gets standard possession order. But only exercises one or two months of supervised visits. Will the non-custodial parent have to continue the supervised visits until the number of visits are complete or just automatically get standard possession since they refuse the supervise visits and wait out till January to get standard?

  3. Chris Schmiedeke October 20, 2015 at 7:37 am #

    It all depends on your order. If your order requires that they all be completed before supervised access, then they have to be completed. If it does not say, then it seems that they could request standard in January.

    You need to speak to an attorney about your options. You may need to modify or clarify your order with the court.

  4. Robin March 22, 2016 at 11:00 am #

    My husband does not have standard Texas visitation as he has joint custody. The child had spring break and according to Texas law, the visitation ended at 6pm on Sunday night. However, after 6pm he had his scheduled visitation that carried over to 6am the next morning. She says he is in violation. My question is, does your scheduled possession time override the holiday hours?

  5. Chris Schmiedeke March 22, 2016 at 11:27 am #

    Honestly, I am not following what you are saying. I think you are using improper terminology. There is no such thing as “joint custody”. You can have joint conservatorship and you can have 50/50 access and possession. I am assuming that is what you mean. However, if you are saying that he has 50/50 access and possession, you did not indicate what that was.

    As to the last part of your question, Holiday possessions always trump normal weekend or weekly possessions. Holidays are special and are treated as such.

  6. Robin March 22, 2016 at 11:50 am #

    Joint conservatorship is correct. We have very non-standard visitation. In this instance, Spring Break ended at 6pm on Sunday. My husband’s regular visitation was scheduled to end the next Morning after dropping her off at school, so he kept her from 6pm until school time Monday morning. She said we were in violation. The spring break coincided with our visitation schedule, but I we retained visitation after the 6pm. Did we violate orders?

  7. Chris Schmiedeke March 22, 2016 at 12:46 pm #

    I don’t know if you violated the orders or not as I do not have them. However, if you have week on/week off visits, and Spring Break fell on your week, Spring Break takes precedent over the weekly visit. That means the weekly visit went away. You would only follow the terms of what the order provides for Spring Break.

    However, I would hope that your order states that once the holiday is over, you return to the weekly schedule you were on. That would leave a hole from about 6:00 p.m. until around 8:00 a.m. the next day when the kids return to school.

    By way of example, let’s say that we are talking about the Christmas holidays. You get the second half (return to school after the new year). Let’s say the holiday ended on a Tuesday and kids return to school on Wednesday an that is is your week under the rotation. Under my orders I add a provision that states that the weekly rotation continues through holidays so that the weekly visits are always on the same rotating schedule. Under my scenario, once the holidays are over (the Tuesday), the regular rotation would kick back in. That would mean beginning Wednesday you it would be your time for the rest of the week because that is the weekly schedule.

    Same thing you are running into now except my holiday ended mid week as opposed to Sunday night like yours. But, if your decree has the provision I discussed, then you would just resume the weekly schedule on Sunday at 6:00 p.m., which would have given you the kids overnight return to school Monday.

  8. Roger March 22, 2016 at 3:42 pm #

    Same situation for me. It was my spring break and it ended at 6pm on my normal 3rd weekend. There isn’t language that states post holiday the normal periods resume, but the opening paragraph preceding the Spring Break paragraph says “Except as otherwise expressly provided for in this Modified Possession Order…I shall have the right to possession of the child as follows”…and then the Spring Break paragraph is below. I’m being told I violated order bc child wasn’t returned Sun 6pm. My argument was because the holiday ended on my normal weekend then normal periods take effect after holiday. Am I right or wrong? There is an “Undesignated Periods of Possession” paragraph that states my ex gets right of possession at all other times not specifically designated in the Modified Possession Order, but I didn’t think this applies to the expiry of Spring Break at 6pm on Sun. bc possession is provided for me elsewhere in the decree. Thanks for your help.

  9. Roger March 22, 2016 at 8:17 pm #

    Chris, another question please. So this week my periods of possession are Wed-Fri school drop off. However, Friday is Good Friday. My ex’s weekends start on Friday. But, nowhere in the decree does it say that if her weekend begins on a holiday that falls on a Friday that her weekend begins on the Thurs before at 6pm. It says it for me, but not her. I understand the Texas Family Code 153.315 provides for this, but again, the decree doesn’t indicate anywhere that she gets the child at 6pm on Thurs if the above occurs. Referencing the above “Undesignated Periods of Possession” in my prior message – I would argue the “grey” area occurs Friday morning since the decree doesn’t indicate when my ex gets the child back, so we should exchange at a reasonable time Friday morning. I’m being told by my ex that she gets her when school releases on Thursday and if I don’t let her have her I’m violating the decree. I want to do the right thing but also ensure my time with my child is protected as well. How should this be handled? Thanks for your time.

  10. Chris Schmiedeke March 23, 2016 at 12:05 pm #

    There is no way for me to tell what is right and wrong as I do not have your order. In my prior comments I was assuming a week on and week off visitation. It appears you have weekend possession. Honestly, I could argue it either way. However, in general, Holiday possessions wipe away weekend possessions. That would mean that the weekend visit never existed and therefore only the Spring Break provision applies. Under a typical standard possession order, that means the child would be returned at 6:00 p.m. at the end of the Spring Break Holiday.

  11. Chris Schmiedeke March 23, 2016 at 12:10 pm #

    The extended weekend possession because of holiday period does not apply to the custodial parent and that is why it is not in your order. It is a provision to give the non-custodial parent a little extra time. Do not read too much into the order. You are over-analyzing. Read your order and follow its terms. The words have been chosen very carefully and have been well thought out.

Leave a Reply

Powered by WordPress. Designed by Woo Themes