texas standard possession order de-mystified – weekend possessions

This is my first post in a series on the Texas Standard Possession Order and the wording associated with visitation in Texas.

The foundation for the Texas Standard Possession Order is the weekend visit. Weekend visits occur on the first, third and fifth Friday of every month. When looking at a standard calendar, find the first Friday of any given month and that is the first Friday described in the standard possession order. The third weekend is self explanatory and occasionally there will be a fifth Friday in a month.

When there is a fifth Friday in a given month, the immediately following Friday will be the first Friday of that month, in effect giving two weekends in a row. This pattern continues throughout the year and is only superseded (or replaced) by holiday visitations.

The standard pickup time for the Texas Standard Possession Order is 6:00 p.m. on Friday. However, the person exercising visitation has the right to elect that their visits begin at the time the child’s school is dismissed, or any time between the time the child’s school is dismissed and 6:00 p.m., if that election is made before entry of the order and it is reflected in the order. This means that you cannot elect this provision after the order is entered.

The standard drop off time for the Texas Standard Possession Order is 6:00 p.m. on the Sunday following the first, third or fifth Friday of the month. However, as stated above, the person exercising visitation has the right to elect that the visitation ends at time school resumes on the Monday following the first, third, or fifth Friday of any given month provided the election is made prior to entry of the order.

If the parties live more than 100 miles from each other, the person exercising visitation can either exercise the weekend visits as set out above or they can elect to exercise one weekend per month of their choice to begin at 6:00 p.m. on that Friday and ending at 6:00 p.m. on the following Sunday. The visiting parent must give 14 days written or telephonic notice of the weekend they choose. Additionally, this election for one weekend per month must be made in writing to the parent with custody of the child within 90 days after the parties begin to live more than 100 miles apart.

If a first, third or fifth weekend (or the weekend designated if over 100 miles) coincides with a school holiday during the school term or with a federal, state or local holiday during the summer, the weekend possession will begin at 6:00 p.m. on Thursday immediately preceding a Friday holiday or it will end at 6:00 p.m. on the Monday holiday. If alternate pick up and drop off times were made as described above then those would apply here as well.

By way of example, if Memorial Day weekend is a person’s visitation weekend, then their possession would end on that Monday holiday at 6:00 p.m. and not at 6:00 p.m. the preceding Sunday. If they had elected to return the child to school at the end of their possession times then that parent would return the child to school on Tuesday morning following the Monday holiday.

In my next post, I will discuss the Thursday periods of possession of the Texas Standard Possession Order.

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163 Responses to texas standard possession order de-mystified – weekend possessions

  1. christy August 20, 2011 at 9:56 am #

    My ex-husband and I have the Standard order of possession, He moved away (out of the county) hasn’t paid child support in going on 2 years, I remarried and moved away (just over the state line) where we have a home that paid for (we couldn’t keep paying rent) so now neither of us live in the county where we were divorced in, however we keep everything going through there because its halfway for both of us.
    Over the last few weeks the other parents has insisted i meet him halfway. I told him i didn’t mind meeting him halfway but I can only do it on my weekends off (which is opposite of the 1st, 3rd, and 5th) but still every other weekend. He insist I meet him halfway on the weekends i work meaning i would be late every friday and sunday i work. I spoke with my boss and this is unaceptable. the other parent went as far as calling the law to do a welfare check on us because i didn’t show up when he told me to show up.. after i told him i wouldn’t be there, sent him an email as well stating i wouldn’t be there and a text message. what do i do

  2. Brandon Krier September 16, 2011 at 1:00 pm #

    Visitation starts on Friday, but the first weekend of the month is defined by the Saturday. So the second weekend is the one in question. is this correct

  3. Chris Schmiedeke September 16, 2011 at 1:22 pm #

    Under a standard visitation order in Texas, it is measured by Friday. The first, third and fifth Fridays of the month.

  4. Jessica Schlessiger September 20, 2011 at 6:07 pm #

    In the case the non custodial parent lives greater than 100 miles away: The weekend request starts on the last day of the month and the Saturday and sunday are in the following month, which month does this weekend visitation count for?

  5. Terry October 6, 2011 at 8:53 pm #

    What am I supposed to do with an ex-wife and her husband that has decided occording to the her husband of less than a year that I am a dead beat dumb SOB because I am $1551 behind on child and medical support including interest! My ex’s husband Roy, is very controling to the extint that he has told me that he goes thru the phone records to see when I call! Aswell, he is on the phone with her 90% of the time when I go to make the exchange and he started texting me after they were maried, asking me about the time and place we were going to meet to exchange, only to find out most of the time he wasn’t even there with her but on the OTR driving his semi to or from a pick-up or delivery and says he makes $2000 a week and they aren’t hurting and he can afford to cover his body in really cool tatoos and has my ex and my 6 yr old daughter living in a one room travel trailer!! Now she is not letting me get my daugther for my visits and all this started because the informed me that she was putting my daughter into city league soccer, and she needed her back early! Not calling asked talking to me like an adult to no surprise! I played sports and want to be apart of my daughters life! This all coming from my ex wife who after she came to me saying she wanted to have a baby. I replied that we wasnt ready because the only reason she wanted 1 was because her mom n grandmaw wanted her too! So she pulled out her IUD and got pregnant on purpose and her & her OBGYN lied to me and told me I knocked it out of place during sex, thats how she got pregnant and if I didnt like it she would divorce me and get child support from me. so thats what she did and the women of her family got me fired from Yellow because the had pull in the Union job where I made $18/hr. But she wants to gripe at me about child support and says she is the sole parent of our daughter! Just like her mother! What can I do to get my fair involvement in my daughters life?? She needs both of her parents! Married or not! Please help… I’m remarried and my wife has two kids and her ex is over $30,000 behind in child support with no job and is on dope and stills money from his kids wallets while they are sleeping on his weekends! But they call me a dead beet……

  6. mason December 2, 2011 at 11:26 pm #

    On what grounds can the custodial party deny requests for visitation when ample notice has been given?

  7. Alison January 5, 2012 at 9:55 pm #

    My boyfriend’s ex girlfriend (mother of his child) has denied the State of Texas’ Standard Possession Order. He went to the Office of the Attorney General’s Office to open a case to apply for having the rights to his son for every other weekend and all of the other visitation rights given by the standard possession order. The father did this just a few weeks after his son was born. The day came where the father and mother had to show up at the Attorney General’s Office to set up everything and get things in motion for visitation rights. The mother did not show up and when she was called by the Attorney General’s Office she informed them that she would not be showing up and that she had hired a lawyer. The case was then closed, and from there the father hired a personal lawyer to began a court date. From the months of August to to December the father of the child had been awaiting for a court date. But during the span of those 5 months the mother of the child had dropped the court date and did not inform the father. Also during that time she had blocked his phone number. Therefor the father did not see his son for 3 months.

    The father of the child wants to propose the idea of the Standard Possession Order once again to the mother. But if she denies it once again, what can he do? He currently is allowed to see his son Tuesday and Thursday evenings from 6pm-8pm. As well as Saturday afternoons from 2pm-6pm. We are searching for answers and trying to keep everything civil and where we won’t have to go to court. Please help and any information or advice that you could give would be greatly appreciated.

    I just want my boyfriend and his family to receive the deserved time that they have missed and the time they deserve now to see their son and grandson. Please help!

    Thank You

  8. Tiffany Kristensen January 29, 2012 at 2:36 pm #

    Hello I get my son 1st ,3rd, 5th weekend every month. This coming weekend my son has Thursday and Friday off for a teacher in-service days. Doesn’t this mean I would get my son on Wednesday at 6pm? I have tickets booked for Denver and my ex says because its not a holiday that I do not get him.

    Are decree reads as follows:
    Parenting time with child:

    If a weekend period of possession ends on or is immediately followed by a Monday that is a SCHOOL holiday during the regular school term OR a Federal, State or Local holiday during during the summer months when school is not in session that weekend period of possession shall end at 6 pm on the Monday school holiday.

  9. MG of Houston June 25, 2012 at 3:35 pm #

    I have a question about SUMMER POSSESSION. Does my ex husband have the right (without written notice) to pick up the children during my month of summer vacation? Without written notice, he is to pick up the children JULY 1ST (2012) and return them end of JULY, BUT, he is threatening to take me to court if I don’t surrender the children this FRIDAY, which is JUNE 29TH 2012. He has been picking the children up for the 1st and 3rd weekends of this month (just because he said it was his weekend and I had no other plans). Thanks!

  10. Jana September 15, 2012 at 9:49 am #

    My husband and I moved to Oklahoma in October of 2011> My step-daughter moved here with us in February 2012 so she could finish out her 1st semester in Texas>
    Question: What is the law for visitation when we live 4 hours away from her mother (over 100 miles from her) What is her mothers responsibility as far as having posession of her on the 1st 3rd 5th weeken of every month? In other words, shouldnt she be responsible for seeing her child, not my husband and I making sure she sees the child. She feels it is our responsibility that she see the child (as in us bringing her ti her residence every other weekend and picking her up when the weekend has ended. We (I) have offered to meet her halfway, which in reality “I” be be doing more drive time for her, she wouldnt have to travel as far as me both ways. But her excuse for no meeting us halfway, “I would spend more time driving than getting to actually visit with her.
    Then last night I called to ask if she would help us out with her Epilepsy meds, without insurance it is going to cost us $300 dollars for 30 day supply. She went lefy fiel on me and starting threatening me, telling she wil F*** me up if I hurt the child, how dare I call and ask her for money when we are not letting her see the child, and that the child belongs to her and the daddy, not me I was not her mother and I needed to keep out of it. Hmmmmmmm, she chose to tell the judge on the day of their divorce that she wanted out of the marriage so he could have custody of the child. I have been raising the child since she was 3. She will be 9 in October. I have stayed up with her all hours of the night when she was and is sick, taken to ER, doctors visits, Neurologist, etc.. Gets her up in the mornings, feed, clothe, bathe, do homework, study with her, RELIGIOUSLY take her to Church everytime the Church doors are open and I love her as if I myself gave birth to her, i TREAT HER NO DIFFERENT FROM my 24, 21 or 4 year old kids. And the child knows this. She tells me she loves me all the time, asks “ME” to tuck her in and say prayers with her. I have the the one and only constant in her life since that age of 3. Not her grandparents, mother of Father. He is always working and when he is home he pays little to no attention to her. When she visits her mom, 9 times out of 10 she sends her to her grandparents. Mother and step-dad scream, holler and curese each other the entire time child is there. “WHEN IS ENOUGH ENOUGH”? WHEN DOES MOM HAVE TO START TAKING RESPONSIBILITY AS A PARENT”? NOT WHEN ITS CONVENIENT OR SHE NEEDS TO LOOK LIKE AN INVOLVED PARENTS FOR OTHERS TO SEE. Oh and she has not called to check on the child since we got her home in August from her summer visit with the mom. she didnt even ask about her lastnight when I called for financial help with her meds.

    Any help or just support would be appreciated. When she started threatening me last night and going off on me I started shaking so uncontrolaby as is I was standing out naked in 32 below weather. I was so upset and angry and hurt that the most important thing was everything but the Health and Welfare of this sweet chilf.

  11. Stephanie November 16, 2012 at 3:11 pm #

    My children are not of school age. What does the holiday schedule look like for standard visition? Everything I see referes to when school gets out/in.

  12. Chris Schmiedeke November 16, 2012 at 3:57 pm #

    It’s the same. You simply use the school district schedule where the children would go to school if they were in school.

  13. Jay November 19, 2012 at 5:08 am #

    My ex is very inconsistent with visitation. He has thanksgiving holiday this year. If he does not show up tomorrow to pick them up at 6 pm does it mean he forfeits his visit. I only ask because I am not from this area and I will be spending the holiday with my family. I do not want to sit around and wait and he decides to get them on thanksgiving day only then return them the same day. Can I get in trouble for taking them out of town with me if he does not pick them up Tuesday at 6 pm?

  14. JD November 27, 2012 at 1:58 pm #

    I have standard possession with regards to my child. This is my yr for Xmas holiday/vacation. My question is this. Which weekend is the 1st, the 3rd and the 5th weekends of Dec. 2012. Rather, what are the dates that these weekends are “excepted”, acknowledged by the State of Tx. to begin and end? Thank you for your time.

  15. Justin January 20, 2013 at 10:28 am #

    This weekend is the mothers Possesion period ..(I am the designated conservator).. Well, Monday is federal holiday (Martin Luther king day) and followed by the next day,Tuesday is teacher in service. My boys do not go back to school till Wedensday .. Question : when do my boys come back home? Monday (Martin Luther king day) at 6pm or Tuesday at 6pm(teacher in service day)?

  16. Chris Schmiedeke January 22, 2013 at 11:03 am #

    Your order should address what day the children should be returned. I bet it says Monday.

  17. Paul January 24, 2013 at 7:16 am #

    I am confused about summer possession. I am not a custody parent. So, when summer comes, the custody parent will have the kids all the way from the day they dimissed from school and I can’t have kids on regular 1st, 3rd, 5th weekend right? The weekend possession ONLY applies on the regular school day time?

  18. Chris Schmiedeke January 24, 2013 at 8:12 am #

    The weekends continue in the summer. The weekday possessions do not (Thursdays). I have posted on this topic many times on this blog, if you will take the time to look around you will see that a lot of your questions are answered.

  19. Jessica March 25, 2013 at 11:09 am #

    Will you please help me to understand section 153.316(3) of the SPO? The father & I had 50/50 custody. He requested that we move to a SPO. He is also choosing to not elect his Thursday visits at this time. I understand that he’ll have the kids on the 1st, 3rd & 5th weekends. He wants to pick the kids up on Fridays but wants me to pick them up from his house on Sundays. I feel that he should pick them up and drop them off at my residence. Am I wrong?

    (We are in the process of finalizing our modification paperwork.) We currently do not live in the same county (nor do we live in the county in which we originally filed for divorce).

  20. Sharon April 1, 2013 at 11:30 am #

    My ex and I are both joint managing conservators of our children, with my home being the primary residence. For the past 2 years, when my ex has submitted his extended summer possession schedule to me and I in turn elect my 2 weekends (the regular weekend that I can chose them to stay home and a weekend during his extended possession in which I should be allowed to have them from Friday at 6:00 to Sunday at 6:00) he refuses to allow me to select a weekend during his extended possession time claiming that they are traveling every weekend on vacation. He also starts and stops his extended possession in the middle of the weekend making it difficult to select a regular weekend that does not interfer with his extended possession. What if anything can I do? Would the courts see his traveling as extensive and a way to block me from selecting a weekend?

  21. Chris Schmiedeke April 10, 2013 at 7:22 am #

    You will have to agree on that, or the court would have to decide. There is no set answer to that question.

  22. Being held hostage May 29, 2013 at 6:45 pm #

    My wife makes 120k a year I bring maybe 20k because I was stay at home dad. She 911 called on me had me arrested and protective order put on me moved my stuff out kept what she wanted and served me divorce papers in front of my daughter lets me see her 1-3rd wend from 6pm fri till 8 am sun no 5 th wend no holidays no nothing takes 500 a month from me and I live in my sister home in a room I can barely afford cost of living and if I miss payment she has put in her agreement to Leon my truck and take possession and has good lawyer and good job and she is a fucking hell bent for leather women. I can’t afford a lawyer and I can’t get a good job because they do back ground check and see I’m violent thanks to her lies and I’m still paying those fines and stuck with the insult. So I can’t make enough to stop this and I pray I journal I sit in disbelief and can’t believe I live in a world that is appearing to be civil humane and that protects those who can’t help or protect them selves. My wife purchased lies sold those to courts and bullied me and deceived me the system and my life and know ones gives a shit about my child but me and know I’m thinking of abandoning financial responsibility over and wave or for fitting my rights as a father to a bitch who has no concern for my child and I’m being fucked over so bad and I sit in wonder how and why and what happened. I don’t even know what she’s mad at and haven’t for years. I knocked the bottom out and busted my ass and did everything. I’m a awesome dad my kid is crazy about me and I can’t afford to make it right for my child because this soul sucking demon is denying us all a fair chance at relations and love and hope and family. And they gave this all to her because she had money and position and title and balls to destroy me in front of everyone in my life and they feel sorry for her because I’m accused of being abusive. I have had a fight since grade school and everyone I thought be me is on her side because she lets them know of the financial burden it is to her to fuck me over and fuck my child over and I’m funding this terrorist activity and the courts ordered me to do so and I’m the bad guy. I fucking can’t stand this world and and the pile of shit we call a working system and the fact that everyone takes a ring side seat and legally I’m screwed and still only one person that cares about my daughter is myself and I can’t save me or her and god won’t rescue us because I pray and my wife must have committed or done at least a dz things that are illegal and know one give a shit. I sit here and wonder if I choose to get up tomorrow what would be my reason this time and I’m outta everything and hope is fading my child is growing up and I’m missing it and I’m going backwards instead of forward be ause all the chess pieces and places were picked for me and I’m so fucked and I’m helpless and apauled and depressed and my wife plays dress up on sunday and makes her appearance at her church and mon thru sat she is a demon sucking hell bent for leather queen of misery and she has my child and I can’t afford to fight a bitch who has know limits and one that can work it out with me. She doesn’t reply or answer or deal with me directly I have to go through her lawyer. To top it of if my daughter ask me any questions about myself and her mother and about our family I’m legally held to knot say anything or I’m jailed. I can’t let her know a thing when I should be pointing her out and trying to do what is right. Is this all a bad dream? Hell no it’s the best my wife could do to harm hurt and destroy. And she gets custody. Fuck all the courts the lawyers and all the groups and religion and this very thing I’m doing right now. No one gives a shit about anyone and my child Rachel and me are just crazy about one another. I’ve list it all and now I’m thinking I’m gonna have to abandon the one person who loves me because I’m daddy and being a dad is the best job in the world and I can’t do shit. And I say fuck you world and lies they use and the shit they slid in on and there’s is no honor or qualitys that my wife could be sharing with my daughter that justify her all my rights and my daughters to and all these piece of shit lawyers don’t help they just tell ya what u already know and your fucked come on in. What the fuck is wrong with this dumb ass world and who let all the assholes in and why did the put all the horrible people over us. I just wanna drift into a comma and never look back. Probably can’t afford that though.

  23. Amber May 31, 2013 at 11:02 pm #

    This is going to be long, and I apologize. I have a standard custody agreement for my 3 children ages 16, 13, & 8. Dad left the state and was out if their lives for 8 years with the exception of one summer where he took possession of them. He has now moved back. Ther older children don’t like visiting. Claiming dad drinks too much and yells too much. My 16 year old is now in counseling from attempting suicide since dad came back. The boys play littler league sports and dad constantly tells them that their games are a waste of his time. He hadn’t paid cs in over 8 months and I generally have to go pick my children up to get them back. Now this weekend, their end of tournament weekend dad doesn’t show up to get them at 6 pm. I called him at 4:30 to give them their schedule and to double check that he was coming for them at 6 pm. He didn’t answer or call back. He didn’t show up at 6 pm. At 9:30 I called coaches to confirm that the boys woukd be at their games. Dad send me a text message at 11:30 pm saying he wants the kids at 10 am, knowing they are supposed to be at games at 8:30 am.

    Question: is there an age they can decide whether to go or not? And if he is over 5 hours late do I have to let him gave them?

    I really think this is just a control issue with him. He’s trying to do everything he can to keep us from living a normal life. Mostly, just trying to do whatever he can ti get under my skin.

    Any thought are appreciated.

  24. Chrispen Johnson June 1, 2013 at 8:04 pm #

    My fieancee X refuses tolet her talk to her children Let alone let her see them for the past three years without cursing her on the phone or when she tries to come get or see them. and has been in contempt of court from day 1 of the diviorce. But she has no funds for Fileing this extencave .Now he has taken the children out of state and it clearly states the children are not to move from montgomery county Texas.

    He has a warrent for his arrest and also has jumped probation for damageing my truck in a past attack aginist me.
    He has been tracked by us useing facebook . And the last we heard he was in an Ohio Duing an multi dwelling unit cable install. The girls are not going to school. And the younger child is disabled.

    What can she do . He has gone aginist the Court Order from day 1 and now Federal Law has been broken usc633 Parental kidnapping. Please Help this Abused woman .She now has PTSD,SAD,ana And NVC narsistic victoms syndrome .What can she do the judge said You can not take this womans children from her Mr.GOldenchild at the last court hearing and thats just what he has done. He thinks he can do what he wants. Aparently he can.

  25. Karen June 4, 2013 at 5:38 pm #

    I wanna know if the dad get’s the 1st, 3rd and 5th (standard) weekend and father’s day is on the 2nd weekend, does this mean he gets the child that weekend also, just that day or not at all…is it considered just another weekend?

  26. Leah July 5, 2013 at 7:46 am #

    My divorce was finalizes in 2009, and my ex moved more than 100 miles away. Our SOP during the summer allowed him to have the kids for 42 days. Since he lived with his grandparents he would take the kids during his period and leave them with his grandparents or whom ever was at their house. He has always ignores them and only spends time with them when it is convenient for him. We agreed to incorporate a provision that required each parent the option of taking the kids if the other would not be able to watch them for more that 8hrs. My ex recalls this… however, I have read through our decree and I cannot find it anywhere. It is possible that it was not included after all. It has not been an issue previously because of the distance.
    My kids are now 7 and 9 years old and my ex has moved back into the area and lives only 10 minutes away. As we are less then 100 miles apart he can get them from July 1st through the 31st and I can have them for one weekend during this time. He decided to take his vacation in June so now he is set to work for the month of July and has no real time to spend with them. He said his grandmother would be coming down to care for the kids while he was at work but that has not occurred. Instead he said that I can have the option of taking the until his next day off or he would leave the children two hours away with his grandmother. My kids do not really like being there for more than a day. Of course I opted to take my kids. My question is: Can my ex leave my kids with whom ever he pleases, where ever he pleases??? His grandparents live more than 100 miles away… it does not seem right to me. Do I have a legal argument against him doing this?

  27. kat September 27, 2013 at 10:52 am #

    If the parent doesn’t pick up the child at 6pm , is there a grace period and if they don’t drop them off at 6pm. The other parent seems to think the kids need to be brought to him when it states in the papers to be picked up at 6pm.

  28. meranda October 20, 2013 at 8:49 pm #

    I have joint custody and my kids live with me. I live over 100 miles away from there father and I wanted to know what this meant: The non-custodial parent is ordered to return the child to the residence of the custodial parent at the end of each period of possession. However, it is ordered that, if the custodial parent and the non-custodial parent live in the same county at the same time of rendition of this order, and the custodial parents county of residence changes, effective on the date of the change of residence by the custodial parent, the non-custodial parent shall surrender the child to the custodial parent at the residence of the non-custodial parent at the end of each period of possession.

  29. Lauren November 12, 2013 at 12:30 pm #

    If no meeting point is set in the papers, are you supposed to meet half way or is the non-custodial parent responsible for all driving…. note, we are now over 100 miles away, but custodial parent moved out of the county in which the papers were originally done

  30. Great Dad November 14, 2013 at 8:38 am #


    I’m a non-custodial parent have an EXPANDED standard possession order and my question is what should happen at the end of a HOLIDAY possession period (ends Sunday night at 6:00pm) if that falls on a 1st 3rd or 5th weekend (ends at beginning of school [Monday 08:30])?

    Do I loose out on my Sunday overnight because of the holiday possession period language?

    Thanks for this blog, it’s very helpful!

  31. Chris Schmiedeke November 14, 2013 at 8:44 am #

    That is a good question. The rule is that holiday possessions replace the weekend possessions, which means they are superior to weekend possessions. Knowing that, I think that you would return on Sunday at 6:00 p.m. However, a conversation with the other parent may resolve the issue, plus, they may not even be aware of the situation. Good luck.

  32. Chris Schmiedeke November 14, 2013 at 8:45 am #

    If it is not designated then it would have to be agreed upon between the parents. If there is no agreement, then I suppose the person who wants the visit would have to drive. That may be something you need to fix in the future.

  33. Chris Schmiedeke November 14, 2013 at 8:47 am #

    That means that if the two of you lived in the same county on the day you were divorced, and you move out of the county, you have to pick up from him. There are probably other transfer provisions in your paperwork. Read those as well.

  34. Chris Schmiedeke November 14, 2013 at 8:48 am #

    Usually 15-30 minutes is a reasonable time to wait unless the person has a good reason for not arriving on time. If it says he is to pick up, then he needs to pick up.

  35. catering to daddy type Mom December 24, 2013 at 12:26 pm #

    My ex and I have a standard possession order, I get my child support monthly no problem, and the dad is a good dad when he has her, he calls at least 2 times a day and I try hard to keep it cordial. When I was single he was always backing out on his possession almost as if to inconvenience me, I remarried 2 years ago and he has yet to meet my husband, which I believe there is nothing I can do about, problem is he honks at the door so I have to walk my child out, he refuses to walk her in even if she begs him to come in and just look at her room, he never gives me ample notice for the summer and wants to have her as minimal as possible but yet I cant deny him her because he uses the word “right” all the time, he wants to exercise his rights to her but only in ways to make me have to be available to him all the time. He wants her Christmas but only that day and is always late which of course makes it hard for me to get around that day because I feel like for my daughter to not see me as the bad guy I have to revolve around him.

    Can I ENFORCE the order as is and make him comply. Or is it truly just his “right but not an obligation” as he says. He is totally manipulating my life and my child to make him look like the victim.

  36. sseana January 8, 2014 at 12:53 pm #

    My husband has our children during school overnights on Thursdays and 1st, 3rd and 5th. On the weekends that are extended by a holiday he gets them for that day as well. If there is a holiday on the Friday of my weekend (2nd or 4th) or teacher in service. When do I get them? Does he still keep them overnight on the Thursday before the holiday or do I keep them on Thursday? Please forgive me if you already covered this. I couldn’t find it.

  37. Amanda January 10, 2014 at 7:05 pm #

    My son was with his dad for the second part of the Christmas holidays and it happen to fall on the 1st weekend of the month (which is his weekend) Is that considered the 1st weekend of the month or does it not apply because it was part of the Christmas break?

  38. Timothy January 28, 2014 at 1:18 pm #

    I am running into resistance with regard to the weekend extended by a holiday. I have elected to return my child at the beginning of school on Monday but have been told that my Extended weekend possession ends at 6 p.m. and not start of school Tuesday morning, as your site suggests.
    Where can I find case law or code to support what you have said?

    In addition, My child has a 5 day student holiday/teacher service day that is on my weekend. Shouldn’t I be entitled to possession until start of school Thursday?

    Any information would be greatly appreciated.

    Thank you for your time.

  39. Chris Schmiedeke February 3, 2014 at 1:15 pm #

    Your order will have language controlling what happens on extended weekends and should tell you when to return the child. If you do not have the appropriate language, then there is no correct answer.

  40. Chris Schmiedeke February 3, 2014 at 1:31 pm #

    Does not apply. Standard visitation holiday visits in Texas wipe out standard weekend visits.

  41. Chris Schmiedeke February 3, 2014 at 1:32 pm #

    No, the extended weekend period applies only to the visiting parent. It does not apply to the custodial parent.

  42. Chelesea September 19, 2014 at 4:25 pm #

    I found this same information on just about every website I have found. However, none of them answer one burning question.
    At which age does overnight visitations start? I have heard 2 years, and I have heard 3 years old.
    Which age is correct?

  43. Chris Schmiedeke September 19, 2014 at 5:21 pm #

    Overnight visitation can begin whenever the child is ready, regardless of their age. I have seen infants and one year olds with overnight visits. Depends on noncustodial parent. However, the Court can enter a prospective order (or modified) standard possession order for children under three. Again, it depends on circumstances.

  44. Veronica September 24, 2014 at 1:55 am #

    So if I give written notice to extend my summer vacation and I choose to split it 20 days first and then 22 days another time does the custodial parent still get to have my baby two weekends or just one with written notice


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