January 2015 and the Standard Possession Order in Texas

Happy New Year!  Let’s see when you get to celebrate with your kids In January of the New Year.

Your standard weekend possession periods this month will depend a bit on when the kids go back to school after the winter holiday.  I am going to assume that most go back on the 5th of January.  This is important because the first weekend (Friday) of the month is the 2nd of January.  While that is typically a standard possession weekend because it is the first Friday of the month, it also falls within the winter break which means that the winter break trumps or replaces the standard visitation weekend.

S00000, your standard possession order weekend visits for January will fall on the 16th, and 30th which are the 3rd and 5th Friday of the month weekends.

Your Thursday standard visitation is also subject to the holiday provisions discussed above.  That means your Thursdays (or Wednesdays in older orders) will be the 8th, 15th, 22nd and 29th.  You do not get the 1st because the holiday possession trumps or replaces the standard Thursday possessions.

But wait!  That’s not all.  We have a federal holiday this month.  Martin Luther King day is the 19th of the month and is the Monday following the third weekend (Friday) of the month.  If your standard possession order states that you have until 6:00 p.m. Sunday night on the 18th, you will now have until 6:00 p.m. on the 19th.  If your standard visitation order states that you return the children to school after your weekend visits, then you will return them Tuesday morning as opposed to Monday morning.  This all ASSUMES that your child is out of school for the Martin Luther King holiday.

I hope you have a great New Year!

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3 Responses to January 2015 and the Standard Possession Order in Texas

  1. Nicole January 27, 2015 at 11:59 am #

    We have the standard visitation but there seems to be some confusion on pick up and drop off times because it does not specifically state a time. Or it does and I am reading things wrong. There are 2 charts in the papers. One for local (under 100 miles) and one for long distance (over 100 miles). The local chart states “On the 1st, 3rd, and 5th weekend of the each month. See definitions above”. The box to the right of that box states “Respondent’s right to possession shall begin at: 6 pm. The Respondent’s right to possession shall end at: 6pm”. The definitions above state what “school” means, what “after school” means, and what “child” means when the child is in school. The long distance schedule chart states “On the 1st, 3rd, and 5th weekend of each month. A weekend starts Friday and ends Sunday. Respondent’s right to possession shall begin at: 6 pm. The Respondent’s right to possession shall end at: 6pm. We are to follow the long distance schedule due to living 200 miles apart. With that being said, are we to pick him up from school and take him back to school or is it 6pm to 6pm??? I assume that local, you follow the school schedule and long distance it’s the 6-6 Friday and Sunday. The following page says that “the court orders the Respondent to surrender the child to the Petitioner at the end of Respondent’s possession at Respondent’s residence”. Then it says “If a period of possession ends at the time the child’s school resumes, the court orders the Respondent to surrender the child to Petitioner at the end of each such period of possesion at the school in which the child is enrolled or, if the child is not in school, at the residence of at 7 a.m”. Again that confirms what I am assuming. The key word being IF a period of possession ends at the time the child’s school resumes but since we live over 100 miles then it should that the petitioner pick the child up at 6pm on Sunday because we pick the child up at 6pm on Friday. Correct? Thank you in advance for your help!!

  2. Chris Schmiedeke February 9, 2015 at 9:25 am #

    I would have to see your order in order to see the exact provisions. In general, however, if you are over 100 miles then you need to ignore the under 100 mile provision as it is not relevant to you. It sounds as if you already have the answer as to when you pick up as it is listed. Assuming it is 6:00 p.m. to 6:00 p.m. then the “return to school” provisions would also be irrelevant so ignore those as well.

    As far as to who picks up, identify the Respondent and Petition in the case and simply read the order as to who picks up from whom.

  3. Nicole February 12, 2015 at 8:22 pm #

    Thank you. We have the Standard Possesion Order and neither had lawyers so nothing was argued about so its a pretty simple order. Thanks for your help on that. I have another question reguarding the papers. My husband is deploying and has given me POA for him and Special POA for his rights for the child. Am i able to exercise his right while he is gone and pick up the child like usual? The POA does not expire until long after he gets back but i dont want to have to go to court to change the papers. Ive looked at the Texas.gov website and it seems to be fine but i would like to double check.

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