When it comes to determining parenting time in Texas, it can be confusing to understand the various possession schedules that are available. In this blog post, we’ll break down the Standard Possession Order, the Extended Standard Possession Order, the Possession Order for Children Under Three, and alternative schedules. These are just commonly used schedules. Parents are free to come up with a schedule that fits their particular needs.
Standard Possession Order
Under the Standard Possession Order, Texas law allows parents to share parenting time with a child whenever they both agree. If they fail to agree, the order gives the noncustodial parent the right to have access to the child as follows:
- For parents who live less than 100 miles apart, the noncustodial parent has the right to visit the child on the first, third, and fifth weekend of each month, every other holiday, Thursday nights during the school year, and at least 30 days during summer vacations.
- For parents who live more than 100 miles apart, the noncustodial parent still has the right to visit the child on weekends (which may be reduced to one weekend per month), holidays, and during longer periods of summer and spring breaks (up to 42 days).
Extended Standard Possession Order
The Extended Standard Possession Order allows the noncustodial parent to have the following visitation schedule:
- Visitation on the first, third, and fifth weekends of each 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.
- Thursday overnight visits on weeks without weekend visitation.
Possession Order for Children Under Three
For children under the age of three the court has wide discretion in determining the schedule.
Parents can either agree to use the Standard Possession Order or a different schedule, or the judge will make a decision based on all relevant factors.
Make sure that the order says what is supposed to happen once the child turns three.
Alternative Possession Schedules
In addition to the standard possession schedule, there are other possession schedules that can be used. These schedules include:
- 50/50 Schedule: A 50/50 schedule, also known as equal parenting time, is a possession schedule where the child spends equal amounts of time with each parent. This is usually alternating weeks. This schedule may be appropriate if both parents live close to each other and are able to cooperate in co-parenting.
- 2-2-3 Schedule: A 2-2-3 schedule is a possession schedule where the child spends Monday and Tuesday with one parent, Wednesday and Thursday with the other parent, and alternating weekends with each parent. This schedule allows for frequent exchanges between the parents and may be appropriate for parents who live relatively close to each other and are able to communicate well.
- 2-2-5-5 Schedule: A 2-2-5-5 schedule is a possession schedule where the child spends two days with one parent, two days with the other parent, then five days with the first parent, followed by five days with the second parent. This schedule allows for longer periods of uninterrupted time with each parent and may be appropriate for parents who live further apart or have a more difficult time communicating.
Supervised Visitation Possession Order
In some cases, a court may order supervised visitation for the non-custodial parent. This may be necessary if there are concerns about the safety and well-being of the child while in the non-custodial parent’s care. The supervised visitation schedule will outline when and where the visits will take place and who will be present to supervise.
The possession schedule for supervised visitation depends on many factors and can be as little as 2 hours a week and can go up to overnight visits.
Final Thoughts
At the Blacknall Firm, we understand the challenges that come with creating a possession schedule and navigating child custody cases. Our experienced family law attorneys are here to help guide you through the process and protect your rights and the best interests of your child. Contact us today to schedule a consultation and let us help you find the best solution for your family.
