One of the questions many parents have during a divorce or after they separate from the other parent involves what kind of visitation they or the other parent will have.
Most of the time in divorce and paternity cases the Court will order that parents to be governed by a Texas Standard Possession Order.
Under The Family Code in Texas the default visitation Order is what is called a Texas Standard Possession Order (SPO). This Order goes into a lot of detail regarding:
- When Visitation Begins and Ends
- Pickups and drop offs for children
- Who gets the children on what holidays
- Who gets the children on birthdays
- Who other than a parent is allowed to pick up the children
A Texas Standard Possession Order is 10 pages or more in length. There are different elections or provisions that parents can make which means depending on the circumstances or requests by Parents a Texas Standard Possession Order for one family make look a little different than that of another family.
However, in general the following or provisions you will see in most Texas Standard Possession Orders:
The Court will Order the “Possessory Conservator” (parent who has right to visitation with the children) weekend visitation beginning on the first, third, and fifth Fridays of each month.
This visitation begins at 6:00 p.m. The visitation at 6:00 p.m. on Sunday.
Elections that can be made in regard to weekend visitation is that the parent picks up the children from school on Friday and then instead of dropping of the child on Sunday at 6:00 the child is returned to school on Monday.
Some parents make this election because they can have more time with their child. It also allows them to have less interaction with the other parent.
Another important thing to note is that under this Order exercising visitation on the 1st, 3rd, and 5th weekends of the month is not the same thing as every other weekend. This is because not every month has a 5th weekend. In the months where there is a 5th weekend then the parent exercising standard possession will have two consecutive weekends of visitation because the week after the 5th weekend will be the 1st weekend of the month.
Weekday and Thursday Visitation
During the regular school term, the Possessory Conservator also has visitation every Thursday, beginning at 6:00 p.m. on Thursday until 8:00 p.m. on that Thursday.
The parent can also make the election that Thursday visitation begins when the school is dismissed on Thursday and to ends when school begins on Friday.
If this election is made the Possessory Conservator will have at least one night per weekend and if they made the weekend election they will have an even longer weekend period of possession.
It is important to note that Thursday periods of visitation are only exercised during the regular school term. During the regular school term Thursday visitation is available every week. Weekend periods of possession are throughout the year.
In my next article I will discuss holiday possession under a Texas Standard Possession Order.
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Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.