How is visitation (possession) determined in Texas for non-custodial parents?

A tender moment unfolds as a young son embraces his father during a scheduled visitation. Navigating the complexities of child visitation rights is a significant challenge, often leading to disputes. These matters can be categorized into two main types: standard possession and customized orders.

At the Law Office of Dana Baker, we understand that a Texas standard possession order is generally considered to benefit the child. Yet, an increasing number of parents are opting for a customized possession order, designed to accommodate the unique needs of both the non-custodial parent and the custodial parent, referred to as “conservatorship” in Texas.

Standard Child Visitation Schedule in Texas

A standard possession order in Texas stipulates that if the parents reside within 100 miles of each other, the non-custodial parent is entitled to have the children on the first, third, and fifth weekends of each month. This starts on Friday, either at school dismissal or 6:00 p.m., and concludes on Sunday at 6:00 p.m. Additionally, visitation rights extend to every Thursday, commencing at either school dismissal or 6:00 p.m., and ending at 8:00 p.m.

For parents living over 100 miles apart, the non-custodial parent may choose between the standard first, third, and fifth weekends of the month or one weekend per month.

Extended Standard Possession Order

The option of an Extended Standard Possession Schedule is favored by many parents. This arrangement allows the non-custodial parent visitation from Thursday, starting at either school dismissal or 6:00 p.m., through to Sunday at 6:00 p.m., or until school resumes on Monday. On weeks without weekend visitation, the parent also has overnight access on Thursdays.

Holiday Visitation Schedules

Holidays are split between the parents, alternating each year. Specific holidays, like Thanksgiving and Christmas, and periods like spring break, are typically included, with provisions available for additional holidays.

For parents within 100 miles of each other, spring break alternates annually. If residing more than 100 miles apart, the non-custodial parent is granted spring break each year.

Summer Visitation in Texas

During summer, the non-custodial parent has a 30-day continuous visitation period, with the dates to be communicated by April 1st. Failure to do so defaults the period to July 1-31st. The custodial parent may request a weekend visitation during these 30 days by April 15th.

If the distance exceeds 100 miles, the non-custodial parent receives 42 days, which can be divided into two sessions, to be notified by April 1st, or it defaults to June 15th through July 27th. The custodial parent can then request two non-consecutive weekend visits during this period, with notice by April 15th.

Under-Three Provisions for Standard Possession

Texas law provides a special “under-three provision” for children under three years of age. This entails a gradual increase in visitation hours as the child ages, with overnight visits commencing at three years, transitioning to standard possession.

Why Opt for a Custom Visitation Schedule?

Standard possession schedules don’t suit all families, prompting many to create custom arrangements. A popular choice is the week-on/week-off schedule, where parents alternate custody weekly. Another option is the 2/2/3 custody schedule, where parents alternate custody on Monday and Tuesday, Wednesday and Thursday, and then alternate weekends.

At the Law Office of Dana Baker, we recognize that every family’s needs are unique. Our dedicated team is here to help you navigate the intricacies of visitation rights and create a plan that best suits your family’s needs. For personalized assistance, contact us at 979-310-5507.