Possession Orders

The parents can agree to possession and access of the children. The State of Texas has determined that a Standard Possession Order is in the best interest of children age 3 and older. A Standard Possession gives the non-custodial parent possession of the child on the 1st, 3rd, and 5th weekends year-round, Thursdays during the regular school term, 30 days in the summer, spring break in alternate years, Thanksgiving in alternate years, and a portion of the Christmas holiday. A Standard Possession Order is roughly a 60/40 possession.  The periods of possession in a Standard Possession Order generally begin and end at 6:00 pm. 

At the non-custodial parent's election at the time of the order, these periods of possession can begin at the time that school is dismissed and end at the time that school resumes. When the periods begin and/or end at school rather than 6 p.m., it is called an Expanded Standard Possession Order. This increases the possession to roughly 55/45 possession.  

This Expanded Standard Possession Order is presumed to be in the child's best interest.  If the non-custodial parent desires these alternate beginning and ending times, and the custodial parent does not believe it would be in the child’s best interest, it is the burden of the custodial parent to show the Court why.

This is an example of a Standard Possession Order: 

Parents Who Reside 100 Miles or Less Apart

Except as otherwise explicitly provided in this Standard Possession Order, when [non- custodial parent] resides 100 miles or less from the primary residence of the child, [non- custodial parent] 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.

2. Weekend Possession Extended by a Holiday - Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by [non- custodial parent] begins on a Friday that is a school holiday during the regular school term 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 or school holiday or end at the time school resumes after that school holiday, 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 the time school resumes after that vacation.

5. Extended Summer Possession by [non-custodial parent] -

With Written Notice by April 1 - If [non-custodial parent] gives [custodial parent] written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, [non-custodial parent] 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, 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 [non-custodial parent] does not give [custodial parent] written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, [non-custodial parent] 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 [non-custodial parent], it is explicitly ORDERED that [custodial parent] 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 the time school resumes after that vacation.

2. Summer Weekend Possession by [custodial parent] - If [custodial parent] gives [non-custodial parent] written notice by April 15 of a year, [custodial parent] 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 [non-custodial parent] in that year, provided that [custodial parent] picks up the child from [non-custodial parent] 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 [custodial parent] - If [custodial parent] gives [non-custodial parent] written notice by April 15 of a year or gives [non-custodial parent] fourteen days' written notice on or after April 16 of a year, [custodial parent] 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 [non-custodial parent] shall not take place in that year, provided that the weekend so designated does not interfere with [non-custodial parent]'s period or periods of extended summer possession or with Father's Day Weekend.