TEXAS STANDARD POSSESSION (VISITATION)

The Texas Family Code presumes the following standard visitation schedule for parents of children age three (3) and over who live within 100 miles of each other. Unless the parents otherwise agree, the visiting parent has visitation: 

• On weekends starting at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday (options are to start when school is dismissed on Fridays and/or to end when school resumes, usually on the next Monday morning).
• On Thursdays during the school year starting at 6:00 p.m. and ending at 8:00 p.m. (options are to start when school is dismissed and/or to end when school resumes, usually on the next Friday morning).
• From 6:00 p.m. to 8:00 p.m. on the child's birthday.
• In even-numbered years: During Spring Break and for Christmas from the time school lets out until noon on December 28; the managing conservator has possession on Thanksgiving, and on December 28 until 6 p.m. on the day before school resumes after that vacation. In odd-numbered years, the holiday schedule is reversed.
• For thirty (30) days during the summer. If the visiting parent gives notice before April 1, he or she may designate the 30 days during the summer when he or she has possession in up to two separate periods of at least seven (7) days. If no notice is given, the visiting parent has possession from July 1 until July 31.
• Fathers have possession on Father's Day from 6:00 p.m. on the Friday before Father's Day until 6:00 p.m. on Father's Day. Mothers have the same period on Mother's Day.

When the parents live more than 100 miles apart, visitation on Thanksgiving, Christmas, the child's birthday, Mother's Day and Father's Day remain the same. The visiting parent also is allowed 42 days with the child during the summer and can follow the first, third, and fifth weekend schedule or choose to select one weekend a month with fourteen (14) days advance notice.

When a child is under the age of three (3), and depending upon the child's needs and the parents' circumstances, most courts will establish a customized visitation schedule that could include overnight visitation.

FREQUENTLY ASKED QUESTIONS

Q: How can I get the custody and/or visitation provisions of my divorce decree changed?

A: By filing a Motion to Modify.

Q: I have specific days and times for visitation but my ex refuses to allow me to see our child on those days. What can I do?

A: File a Motion for Contempt (enforcement).

Q: If my former spouse is behind on child support payments, can I prevent his or her visitation?

A: Parenting time and child support are not dependent on each other. It is not considered to be in the best interests of the child to prevent contact with the other parent because of child support problems. You have other remedies, like going to court or the child support enforcement office, if your former spouse is not making child support payments.

Q. What happens if I have to work on a weekend when I am supposed to have my children?

A. If you cannot pick up your children when it is your time for possession, you must notify the custodial parent and the children ahead of time. Virtually all visitation orders allow the parents to swap weekends, or make any other visitation arrangements they wish, as long as both parents agree on the change. If both parents cannot agree on a change, then that visitation period is lost.

 
Q. Do I have to pick up my children personally or can I have someone else do it for me?

A. Normally either parent may designate any competent adult to pick up the children or be there when they are dropped off.