A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children.
For parents who live within 100 miles of each other, the non-custodial parent will get the child every Thursday during the school year from 6 to 8 pm; every 1st, 3rd, and 5th weekend of a month from Friday to Sunday; 30 days during the summer; and every other Spring Break.
For parents who live more than 100 miles apart, the secondary parent may choose to have every 1st, 3rd, and 5th weekend, or that parent may elect to have one weekend a month at his or her choice with notice to the other parent of which weekend is chosen each month.
Additionally, when the parents live far apart, the secondary parent will get 42 days with the child each summer and every Spring Break. Parents who live far apart do not get Thursday periods, for obvious reasons.
Many parents have chosen the option of having an Extended Standard Possession Schedule. Under an extended standard possession schedule, the non-custodial parent can have visitation on the first, third, and fifth weekends of the month, starting on Thursday at either the time school lets out or 6:00 p.m. and ending on Sunday at 6:00 p.m. or at the time school resumes on Monday morning. The parent would also have Thursday overnights on the weeks they do not have weekend visitation.
Standard visitation schedules are intended to be used for children older than the age of 3. For children younger than 3, courts factor in various issues in determining visitation such as any distress put on the children, each parent’s availability to care for the children as well as each parent’s emotional, mental, and physical well being.
