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The Standard Possession Order — Simple, Understandable Visitation for Texas
Author: Charles E. Hardy
I. INTRODUCTION
Texas offers "standard" guidelines for visitation with children in Texas, guidelines that work for 1,000 of families across our state and our country. The Standard Possession Order (SPO) clearly outlines visitation for "Non-Possessory Parents". It is worth knowing and understanding.
Access between parents was once a confusing morass without set guidelines. If nothing else, the SPO clearly lets parties know when and where their child/children should be.
II. What is a "Standard Possession Order"?
A Standard Possession Order is a guideline provided by state law. It has been well reviewed by parents and legislators and is occasionally "tweaked". It is not perfect, but it is the best we can do in our state and, most importantly, works. Remember, visitation is a "right", not an ""obligation", so a parent is entitled to visit but can not be compelled to visit. If a parent misses visitation, the court can consider that in reducing visitation in the future for that parent.
III. The SPO Defined
A. Parents Who Live Less Than 100 Miles Apart:
For Parents who resides 100 miles or less from each other, the shall have the right to possession of the child as follows:
Weekends: on weekends beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday or, at the Non-Possessory Parent's election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child's school is regularly dismissed and ending at 6 p.m. on the following Sunday;
Weekends Extended by Holiday: If a weekend period of possession of the Non-Possessory Parent coincides with a school holiday during the regular school term or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable. (Note that at the Non-Possessory Parent's election, made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, periods of possession extended by a holiday may begin at the time the child's school is regularly dismissed.)
Thursdays: on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., or, at the Non-Possessory Parent's election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes, unless the court finds that visitation under this subdivision is not in the best interest of the child.
Holidays: The following provisions offer certain specific holidays and supersede conflicting weekend or Thursday periods of possession. The Non-Possessory Parent and the Primary Parent shall have rights of possession of the child as follows:
Spring Break: the Non-Possessory Parent shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the Primary Parent shall have possession for the same period in odd-numbered years;
Summer: if a Non-Possessory Parent:
(A) gives the Primary Parent written notice by April 1 of each year specifying an extended period or periods of summer possession, the Non-Possessory Parent shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or
(B) does not give the Primary Parent written notice by April 1 of each year specifying an extended period or periods of summer possession, the Non-Possessory Parent shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;
(C) if the Primary Parent gives the Non-Possessory Parent written notice by April 15 of each year, the Primary Parent shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the Non-Possessory Parent under Subdivision (2), provided that the Primary Parent picks up the child from the Non-Possessory Parent and returns the child to that same place; and
(D) if the Primary Parent gives the Non-Possessory Parent written notice by April 15 of each year or gives the Non-Possessory Parent 14 days' written notice on or after April 16 of each year, the Primary Parent may designate one weekend beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the Non-Possessory Parent will not take place, provided that the weekend designated does not interfere with the Non-Possessory Parent's period or periods of extended summer possession or with Father's Day if the Non-Possessory Parent is the father of the child.
B. Parents Who Live Less Over 100 Miles Apart:
If the Parents live more than 100 miles apart, the Non-Possessory Parent shall have the right to possession of the child as follows:
Weekends: either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the Non-Possessory Parent's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the Non-Possessory Parent gives the Primary Parent 14 days' written or telephonic notice preceding a designated weekend, and provided that the Non-Possessory Parent elects an option for this alternative period of possession by written notice given to the Primary Parent within 90 days after the parties begin to reside more than 100 miles apart, as applicable;
Spring Break: each year beginning on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation;
Summer: if the Non-Possessory Parent:
(A) gives the Primary Parent written notice by April 1 of each year specifying an extended period or periods of summer possession, the Non-Possessory Parent shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or
(B) does not give the Primary Parent written notice by April 1 of each year specifying an extended period or periods of summer possession, the Non-Possessory Parent shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;
Summer Weekends: if the Primary Parent gives the Non-Possessory Parent written notice by April 15 of each year the Primary Parent shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the Non-Possessory Parent under Subdivision (3), provided that if a period of possession by the Non-Possessory Parent exceeds 30 days, the Primary Parent may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the Primary Parent picks up the child from the Non-Possessory Parent and returns the child to that same place; and
Primary Parent Summer: if the Primary Parent gives the Non-Possessory Parent written notice by April 15 of each year, the Primary Parent may designate 21 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, during which the Non-Possessory Parent may not have possession of the child, provided that the period or periods so designated do not interfere with the Non-Possessory Parent's period or periods of extended summer possession or with Father's Day if the Non-Possessory Parent is the father of the child.
C. Holiday Possession Unaffected by Distance Parents Reside Apart.
The following provisions deal with possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The Non-Possessory Parent and the Primary Parent shall have rights of possession of the child as follows:
Christmas Even: the Non-Possessory Parent shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26, and the Primary Parent shall have possession for the same period in odd-numbered years;
Christmas Odd: the Non-Possessory Parent shall have possession of the child in odd-numbered years beginning at noon on December 26 and ending at 6 p.m. on the day before school resumes after that vacation, and the Primary Parent shall have possession for the same period in even-numbered years;
Thanksgiving: the Non-Possessory Parent shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the Primary Parent shall have possession for the same period in even-numbered years;
Child's Birthdays: the parent not otherwise entitled under this standard order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;
Father's Day: if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and
Mother's Day: if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.
IV. General Terms and Conditions.
The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child:
(1) the Primary Parent shall surrender the child to the Non-Possessory Parent at the beginning of each period of the Non-Possessory Parent's possession at the residence of the Primary Parent;
(2) if the Non-Possessory Parent elects to begin a period of possession at the time the child's school is regularly dismissed, the Primary Parent shall surrender the child to the Non-Possessory Parent at the beginning of each period of possession at the school in which the child is enrolled;
(3) the Non-Possessory Parent shall be ordered to do one of the following:
(A) the Non-Possessory Parent shall surrender the child to the Primary Parent at the end of each period of possession at the residence of the Non-Possessory Parent; or
(B) the Non-Possessory Parent shall return the child to the residence of the Primary Parent at the end of each period of possession, except that the order shall provide that the Non-Possessory Parent shall surrender the child to the Primary Parent at the end of each period of possession at the residence of the Non-Possessory Parent if:
(i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the Non-Possessory Parent and the Primary Parent lived in the same county, the Non-Possessory Parent's county of residence remains the same after the rendition of the order, and the Primary Parent's county of residence changes, effective on the date of the change of residence by the Primary Parent; or
(ii) the Non-Possessory Parent and Primary Parent lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the Non-Possessory Parent's county of residence remains the same and the Primary Parent's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered;
(4) if the Non-Possessory Parent elects to end a period of possession at the time the child's school resumes, the Non-Possessory Parent shall surrender the child to the Primary Parent at the end of each period of possession at the school in which the child is enrolled;
(5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession;
(6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned;
(7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period;
(8) written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due; and
(9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school.
SUMMARY
Confusing? Perhaps, but it works. Study the "Standard Possession Order" with your lawyer and understanding it will better help you to have smooth transitions with your child parent and, ultimately, will be beneficial to your child. Hopefully, this broad overview of the law in Texas will help you better understand gestational agreements and their effect on your future.
DATED: April 21, 2004
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