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. 

Here is 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 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.

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. The 1st, 3rd, and 5th weekends are highlighted in the sample calendar, below.  Keep in mind that Spring Break, summer possession, and holiday possession will override the weekend periods of possession. For example, if Spring Break is the week of March 11th - 15th, the person who has Spring Break will have from when school is released until school resumes. This will cover both the weekend of March 8th and the weekend of March 15th.  So, if it is the custodial parent's Spring Break, he or she will have three weekends in a row (the weekend of March 8th, the weekend of March 15th, and the weekend of March 22nd), over-riding non-custodial parent's weekend of March 15th.

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 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.

3. Thursdays - On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

4. Spring Break in Even-Numbered Years - In even-numbered years, 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.

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 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.

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.

Parents Who Reside More Than 100 Miles Apart

Except as otherwise explicitly provided in this Standard Possession Order, when [non-custodial parent] resides more than 100 miles from the residence of the child, [non-custodial parent] shall have the right to possession of the child as follows:

1. Weekends - Unless [non-custodial parent] elects the alternative period of weekend possession described in the next paragraph, [non-custodial parent] 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 [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 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.

Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, [non-custodial parent] shall have the right to possession of the child not more than one weekend per month of [non-custodial parent]'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 [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 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable. [non-custodial parent] may elect an option for this alternative period of weekend possession by giving written notice to [custodial parent] within ninety days after the parties begin to reside more than 100 miles apart. If [non-custodial parent] makes this election, [non-custodial parent] shall give [custodial parent] 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 [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 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, 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 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 [non-custodial parent], it is explicitly ORDERED that [custodial parent] shall have a superior right of possession of the child as follows:

1. 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 possession by [non-custodial parent] during [non-custodial parent]'s extended summer possession in that year, provided that if a period of possession by [non-custodial parent] in that year exceeds thirty days, [custodial parent] may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and 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.

2. Extended Summer Possession by [custodial parent] - If [custodial parent] gives [non-custodial parent] written notice by April 15 of a year, [custodial parent] 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, during which [non-custodial parent] shall not have possession of the child, provided that the period or periods so designated do not interfere with [non-custodial parent]'s period or periods of extended summer possession or with Father's Day Weekend.

Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of possession of [non-custodial parent], [custodial parent] and [non-custodial parent] shall have the right to possession of the child as follows:

1. Christmas Holidays in Even-Numbered Years - In even-numbered years, [non-custodial parent] shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and [custodial parent] 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, [custodial parent] shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and [non-custodial parent] 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, [non-custodial parent] shall have the right to possession of the child beginning at 6:00 p.m. 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, [custodial parent] shall have the right to possession of the child beginning at 6:00 p.m. 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 a child on the child's birthday, that parent shall have possession of the child and the child's minor siblings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the children from the other parent's residence and returns the children to that same place.

6. Father's Day Weekend - [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 6:00 p.m. on Father's Day, provided that if [father] is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from [mother]'s residence and return the child to that same place.

7. Mother's Day Weekend - [mother] shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if [mother] is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from [father]'s residence and return the child to that same place.