The Standard Possession Order Part 1

When will you get to see your child?

When will your ex-spouse get to see your child?

These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).

For Parents Who Reside 100 Miles or Less Apart

(a)  If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1)  on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday except that, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, the weekend periods of possession specified by this subdivision that occur during the regular school term shall begin at the time the child’s school is regularly dismissed and end at 6 p.m. on the following Sunday; and

(2)  on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., or, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child’s school is regularly dismissed and ending at the time the child’s school resumes, unless the court finds that visitation under this subdivision is not in the best interest of the child.

(b)  The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession.  The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1)  the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years;

(2)  if a possessory conservator:

(A)  gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B)  does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;

(3)  if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(4)  if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days’ written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Is The Standard Order Right For You?

The Standard Possession Order is what it is, a standard order that may or may not be appropriate for your child and for you. It is not perfect, and in some cases it may be flat out wrong. Unfortunately many judges rely on the standard order when they are left to make a decision on visitation. If you want to keep this vital decision in your hands and not the hands of a judge that knows nothing about you then Collaborative Divorce may be an option for you. Speak with a Woodlands Divorce Attorney and start working towards your goals today.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Spring, Montgomery, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.