Jump to Navigation

Expanded Possession and Access

1. Standard Possession Order

The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order. IT IS, THEREFORE, ORDERED:

(a) Definitions

1. In this Standard Possession Order "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

2. In this Standard Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

(b) Mutual Agreement or Specified Terms for Possession

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

(c) Parents Who Reside 100 Miles or Less Apart

Except as otherwise explicitly provided in this Standard Possession Order, when Fred Father resides 100 miles or less from the primary residence of the child, Fred Father shall have the right to possession of the child as follows:

1. Weekends -

On weekends that occur during the regular school term, beginning at the time the child's school is regularly dismissed, on the first, third, and fifth Friday of each month and ending at the time the child's school resumes after the weekend.

On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2. Weekend Possession Extended by a Holiday - Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by Fred Father begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

3. Thursdays - On Thursday of each week during the regular school term, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes on Friday.

4. Spring Break in Even-Numbered Years - In even-numbered years, beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

5. Extended Summer Possession by Fred Father -

With Written Notice by April 1 - If Fred Father gives Martha Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Fred Father shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1 - If Fred Father does not give Martha Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Fred Father shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Fred Father, it is explicitly ORDERED that Martha Mother shall have a superior right of possession of the child as follows:

1. Spring Break in Odd-Numbered Years - In odd-numbered years, beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

2. Summer Weekend Possession by Martha Mother - If Martha Mother gives Fred Father written notice by April 15 of a year, Martha Mother shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Fred Father in that year, provided that Martha Mother picks up the child from Fred Father and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

3. Extended Summer Possession by Martha Mother - If Martha Mother gives Fred Father written notice by April 15 of a year or gives Fred Father fourteen days' written notice on or after April 16 of a year, Martha Mother may designate one weekend beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Fred Father shall not take place in that year, provided that the weekend so designated does not interfere with Fred Father's period or periods of extended summer possession or with Father's Day Weekend.

(d) Parents Who Reside More Than 100 Miles Apart

Except as otherwise explicitly provided in this Standard Possession Order, when Fred Father resides more than 100 miles from the residence of the child, Fred Father shall have the right to possession of the child as follows:

1. Weekends - Unless Fred Father elects the alternative period of weekend possession described in the next paragraph, Fred Father shall have the right to possession of the child on weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by Fred Father begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, Fred Father shall have the right to possession of the child not more than one weekend per month of Fred Father's choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by Fred Father begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable. Fred Father may elect an option for this alternative period of weekend possession by giving written notice to Martha Mother within ninety days after the parties begin to reside more than 100 miles apart. If Fred Father makes this election, Fred Father shall give Martha Mother fourteen days' written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, and Mother's Day Weekend below.

2. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

3. Extended Summer Possession by Fred Father -

With Written Notice by April 1 - If Fred Father gives Martha Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Fred Father shall have possession of the child for forty-two days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1 - If Fred Father does not give Martha Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Fred Father shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

Notwithstanding the weekend periods of possession ORDERED for Fred Father, it is explicitly ORDERED that Martha Mother shall have a superior right of possession of the child as follows:

1. Summer Weekend Possession by Martha Mother - If Martha Mother gives Fred Father written notice by April 15 of a year, Martha Mother shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Fred Father during Fred Father's extended summer possession in that year, provided that if a period of possession by Fred Father in that year exceeds thirty days, Martha Mother may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Martha Mother picks up the child from Fred Father and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

2. Extended Summer Possession by Martha Mother - If Martha Mother gives Fred Father written notice by April 15 of a year, Martha Mother may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, during which Fred Father shall not have possession of the child, provided that the period or periods so designated do not interfere with Fred Father's period or periods of extended summer possession or with Father's Day Weekend.

(e) Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of possession of Fred Father, Martha Mother and Fred Father shall have the right to possession of the child as follows:

1. Christmas Holidays in Even-Numbered Years - In even-numbered years, Fred Father shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Martha Mother shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

2. Christmas Holidays in Odd-Numbered Years - In odd-numbered years, Martha Mother shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Fred Father shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, Fred Father shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

4. Thanksgiving in Even-Numbered Years - In even-numbered years, Martha Mother shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

5. Child's Birthday - If a parent is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that parent picks up the child from the other parent's residence and returns the child to that same place.

6. Father's Day Weekend - Fred Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 8:00 a.m. the Monday after Father's Day, provided that if Fred Father is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Martha Mother's residence and return the child to that same place.

7. Mother's Day Weekend - Martha Mother shall have the right to possession of the child each year, beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day and ending at the time the child's school resumes after Mother's Day, provided that if Martha Mother is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from Fred Father's residence and return the child to that same place.

(f) Undesignated Periods of Possession

Martha Mother shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for Fred Father.

(g) General Terms and Conditions

Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

1. Surrender of Child by Martha Mother - Martha Mother is ORDERED to surrender the child to Fred Father at the beginning of each period of Fred Father's possession at the residence of Martha Mother.

If a period of possession by Fred Father begins at the time the child's school is regularly dismissed, Martha Mother is ORDERED to surrender the child to Fred Father at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, Fred Father shall pick up the child at the residence of Martha Mother at 6:00 p.m., and Martha Mother is ORDERED to surrender the child to Fred Father at the residence of Martha Mother at 6:00 p.m. under these circumstances.

2. Surrender of Child by Fred Father - Fred Father is ORDERED to surrender the child to Martha Mother at the residence of Fred Father at the end of each period of possession.

If a period of possession by Fred Father ends at the time the child's school resumes, Fred Father is ORDERED to surrender the child to Martha Mother at the end of each such period of possession at the school in which the child is enrolled or, if the child is not in school, at the residence of Martha Mother at 6:00 p.m.

3. Surrender of Child by Fred Father - Fred Father is ORDERED to surrender the child to Martha Mother, if the child is in Fred Father's possession or subject to Fred Father's control, at the beginning of each period of Martha Mother's exclusive periods of possession, at the place designated in this Standard Possession Order.

4. Return of Child by Martha Mother - Martha Mother is ORDERED to return the child to Fred Father, if Fred Father is entitled to possession of the child, at the end of each of Martha Mother's exclusive periods of possession, at the place designated in this Standard Possession Order.

5. Personal Effects - Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

6. Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.

8. Written Notice - Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.

9. Notice to School and Martha Mother - If Fred Father's time of possession of the child ends at the time school resumes and for any reason the child is not or will not be returned to school, Fred Father shall immediately notify the school and Martha Mother that the child will not be or has not been returned to school.

This concludes the Standard Possession Order.

US News & World Report | Best Lawyers Best Law Firms 2010 LexisNexis | Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability Listed in Best Lawyers | The World’s Premier Guide Board Certified | Texas Board of Legal Specialization Texas Super Lawyers

Bain, Files, Jarrett, Bain & Harrison, P.C. • 109 West Ferguson Street Tyler, TX 75702
Phone: 903-258-9447 • Toll-Free: 888-691-1249 • Fax: 903-597-7322 Map and Directions Print This Page