may visitation and the Texas standard possession order

The month of May is relatively simple in terms of Texas standard visitation.  The weekend periods of possession are Friday, May 6th for a mother who is not the custodial parent and Friday, May 20th.  All the Thursdays (or Wednesdays) should be standard this month unless your child is in a school that lets out for summer break this month.  In that case, any Thursday following dismissal will not apply as Thursdays are only during the school term in a Texas standard visitation order.

Sunday, May 8th is Mother’s day.  If the child’s mother is the custodial parent then she will get this weekend even if it is the Father’s first Friday of the month.  Mother’s day takes precedent over a standard weekend visit.

Memorial day is the custodial parent’s weekend so there should be no issues as to an extended weekend due to a Monday holiday.

As I said, pretty simple! 🙂  As always, if you have general questions please comment.  I will do the best I can to answer them as quickly as possible.  Check out my newly refreshed and designed website at www.chrislawyer.com.  Ain’t it perty?

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11 Responses to may visitation and the Texas standard possession order

  1. Elizabeth May 1, 2011 at 3:53 am #

    I’d just like to verify something. My ex has expanded weekend visitations—our orders dictate that he picks her up from school on Friday and drops her off at school on Monday. For Mother’s Day, it notes that if I as custodial parent do not have possession of her that weekend, I get her from 6pm Friday to 6pm Sunday. Is it correct that he still picks her up from school that Friday and has her til I pick her up from his residence at 6pm, and then I return her to him at 6pm on Sunday, for him to have overnight to complete his expanded weekend? I’m sure in more amicable situations, the father might forgo his overnight on Sunday to allow the mother a full mother’s day weekend as well as less back and forth for the child, but unfortunately I’m not in such a situation.

  2. Amanda Wilborn May 2, 2011 at 8:53 am #

    I have a brief question about Mother’s Day 2011. Since it does fall on what would typically be a 1st weekend possession by the NCP father, does the mother have to return the child to the father’s home on Sunday at 6:00 pm or does she get to keep the child through the weekend?

  3. Victoria Garcia May 12, 2011 at 9:48 pm #

    As far as holiday possession that takes precedence over standard visitation, does this apply to all holidays listed under the “Holidays unaffected by distance” section?
    (Btw, I think those last two comments under the April posting were basically just questioning whether the standard or the holiday provision took precedence.)

  4. Kathryn Hancock June 1, 2011 at 8:00 am #

    This if off topic, but I am a grandparent with managing conservatorship of my 18 month old granddaughter. I have had her for over a year and my daughter is willing to relinquish custody so that I may adopt. The father is not allowed visitation because he has not cooperated with CPS recommendations and past violence against my daughter; however, he does pay court ordered child support garnered from his wages. My question is does that constitute involvement or do I have a legal standing to successfully pursue adoption?

  5. Karen Fletcher June 6, 2011 at 1:13 pm #

    My question regarding Thursday possession is this: my children’s school dismisses this Thursday at 1pm. My ex says that he has possession of them after school, because it officially begins summer break as soon as school lets out. I will be fine with that, as long as it is correct and he isn’t just trying interpret the orders to benefit him…as he usually does. If it is, in fact, still considered a school day, and thus I am entitled to possession of the children, then I want to enforce my rights, as I am tired of being walked all over by him! Thank you.

  6. Chris Schmiedeke June 10, 2011 at 7:26 am #

    The argument can be made both ways and there is no clear answer. Obviously my response is late, but my thought is that the child is in school on Thursday, it is a school day. “Summer” would begin on Friday which is the first day without school.

  7. Chris Schmiedeke June 10, 2011 at 7:46 am #

    If he will not willingly terminate his rights then you will have to find another “ground” for termination. The most common is failure to support the child. Obviously that one won’t work. You will need to consult an attorney to see if you meet one of the other grounds. I have discussed the grounds before. If not in this blog then it is in my original blog.

  8. Rene June 13, 2011 at 7:33 pm #

    I have temporary custody of my 3 children and for the month of June, my ex chose to have the extended summer possession of my children. She wrote the letter by April 1st and I wrote back by April 15. I chose the 1st weekend of June but my question is, do I Still get Father’s Day Weekend?

  9. Chris Schmiedeke June 16, 2011 at 12:40 pm #

    Yes, you should. There should be a provision in your order that says her extended summer cannot be during Father’s day weekend, i.e. Father’s Day trumps her extended summer possession.

Trackbacks/Pingbacks

  1. May and Standard Visitation in Texas | Texas Family Law Blog - April 30, 2014

    […] May is upon us.  Let’s review the applicable weekend and weekday visitations under the Texas Standard Possession Order. […]

  2. May Standard Possession Order in Texas – The Law Office of Chris Schmiedeke, PC | Dallas, TX - January 18, 2017

    […] May is upon us.  Let’s review the applicable weekend and weekday visitations under the Texas Standard Possession Order. […]

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