INTRODUCTION TO VISITATION RIGHTS IN TEXAS
After a child’s conservators have been appointed, those conservators must be allocated visitation rights with the child. The Texas Family Code provides for a standard possession order that allocates visitation rights between the two conservators. For children three years of age and older, a standard possession order is presumed to be in the child’s best interest and is presumed to provide the conservators with reasonable minimum possession. These presumptions, however, can be rebutted, and conservators can request alternative VISITAION RIGHTS in Texas. For example, a conservator can request that the Court provide a “fifty-fifty” possession schedule. If the child is less than three years of age, then the Court has wide discretion as to what visitation rights to put in place, considering multiple factors such as the caregiving provided to the child both before and during the current suit, the effect on the child that may result from separation from either conservator, the child’s need for routine, and the location and proximity of the conservators’ residence.
Additionally, of course, the parties are free to come up with their own visitation schedule between themselves, so long as they mutually agree upon it. The periods of possession as outlined in the order (whether it is a standard possession schedule or something else) need only be followed if the conservators cannot work out their own mutually agreed-upon possession schedule.
STANDARD POSSESSION ORDER
The standard possession order provides that the non-primary joint managing conservator (or the possessory conservator, as applicable) has the right to possession of the child as follows so long as the conservators reside within 100 miles of each other:
On Thursday evenings during the school year from 6:00pm-8:00pm.
On the first, third, and fifth weekend of every month throughout the year, beginning at 6:00pm on the first, third, and fifth Friday, and ending at 6:00pm on the following Sunday.
Spring Break in even-numbered years.
Thirty days of extended summer visitation, which can be taken in one period or in two periods of at least seven days each. If the non-primary conservator gives written notice to the other conservator by April 1 of each year, that conservator may specify when his or her summer possession will take place. If the non-primary conservator does not give said notice, the default summer vacation possession is from 6:00pm on July 1 to 6:00pm on July 31.
Thanksgiving Break in odd-numbered years.
Approximately one-half of the Christmas Break. In even-numbered years, the non-primary conservator’s Christmas possession begins at 6:00pm on the day the child is dismissed for the Christmas Break and ends at noon on December 28. In odd-numbered years, the non-primary conservator’s Christmas possession begins beginning at noon on December 28 and ends at 6:00pm the day before the child’s school resumes after the Christmas Break.
Two hours on the child’s birthday from 6:00pm-8:00pm if the non-primary conservator is not otherwise entitled to have the child on the child’s birthday.
Father’s Day/Mother’s Day from 6:00pm on the Friday before Father’s Day/Mother’s Day and ending at 6:00pm on Father’s Day/Mother’s Day.
The primary conservator has possession of the child under the standard possession order whenever the non-primary conservator does not have the right to possession of the child. Additionally, during the summer, the primary conservator has two periods of special summer visitation. First, the primary conservator has possession of the child on one weekend during the summer when the non-primary conservator would otherwise have his regular weekend possession (i.e. first, third, and fifth weekends). Second, the primary conservator has possession of the child for one weekend during the non-primary conservator’s extended summer possession.
If the conservators live more than 100 miles from each other, the standard possession order varies somewhat, namely giving the non-primary conservator more time in the summer (42 days instead of 30), every Spring Break, and a more flexible weekend possession schedule.
EXPANDED STANDARD POSSESSION ORDER
The non-primary conservator may elect to expand his or her standard possession order, unless the Court finds that such an election would not be in the best interest of the child (which is rare). The two most important ways the standard possession order is “expanded” is as follows:
The Thursday overnights during the school year can be expanded to begin at the time the child’s school is regularly dismissed on Thursday, and end at the time the child’s school resumes on Friday morning.
The first, third, and fifth weekends during the entire year can be expanded to begin at the time the child’s school is regularly dismissed on Friday, and end at the time the child’s school resumes the following Monday.
