Possession and Visitation
Normally, the non-custodial parent will be granted possession (also
known as Visitation) with the child. Possession schedules can come
in many different forms, and are not necessarily tied to child support.
BELOW are descriptions of different types of possession
schedules. Your possession times with the child prior to going
to Court will be a significant factor when the Judge sets your
possession schedule. Additional factors will be your work
schedule, the custodial parent's work schedule, age of the child,
distance between the parties, the child's school or daycare schedule,
and extracurricular activities of the child.
Standard Visitation
The normal possession schedule is
called "Standard Possession." Roughly speaking, standard
possession grants the non-custodial parent time with the child every
Thursday evening from 6pm until 8pm during the normal school term, and
every 1st, 3rd, and 5th weekends of each month beginning at 6pm Friday
and ending on the following Sunday at 6pm.
The first, third, or fifth FRIDAY of each month determines if the
weekend is a first, third or fifth weekend.
In addition to these times, the non-custodial parent will be awarded 30
days of possession in each summer, a week during the Christmas break,
and every other Spring Break and Thanksgiving. To see an example
Calendar of Standard Possession click here.
While this is the most widely used possession schedule by the Courts, it
is important to note that this is the MINIMUM amount of time that
a non-custodial parent (usually the father) is awarded in Texas absent other extenuating
circumstances.
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For a free confidential consultation to discuss your legal matter with an experienced Texas Family Law and Paternity Lawyer, please call us at (972) 445-1500 if you're in the Dallas Area or Toll free at 1 (877) 613-5800. BE PREPARED - CALL NOW! |
Expanded
Standard Possession
Expanded Standard Possession adds to the standard
possession schedule outlined above. On Thursdays during the
regular school term, the non-custodial parent picks up the child
directly from school at the time school is normally dismissed, and
returns the child to school the next morning (Friday) at the time school
normally resumes.
In addition, the non-custodial parent picks up the child from school on
the 1st, 3rd, and 5th Friday's of each month and returns the child to
school at the time school normally resumes the following Monday.
The Expanded Schedule allow the Non-custodial parent significantly more
time with the child. (Three more overnight visits during a two week
period) In addition to these times, the non-custodial parent also
receives the standard 30 day Summer schedule and the other holidays
awarded under the standard holiday provisions.
To see an example
Calendar of Expanded Standard Visitation
click here.
While a parent has a right to choose this visitation schedule under
current Texas Law, the Court can still deny this possession schedule if
the non-custodial parent's work schedule will not allow
for him to pick up or drop off the child at school at the designated
times.
50/50 Possession Plans
Depending on the parents' time with
the child prior to separation, the Courts can deviate further if it is
found to be in the best interest of the child. Below are two popular
plans in excess of the standard plans found in the Texas Family Code.
Three / Two / Two Plan
(3-2-2)
Such as with the 3-2-2 Model. The 3-2-2 model and take many forms,
but usually works as follows:
| Mom | Every Monday and Tuesday |
| Dad | Every Wednesday and Thursday |
| Mom and Dad | Mom and Dad alternated every Friday, Saturday, and Sunday |
This provides for approximately 50% of
the child's time to each parent.
One significant factor that the Court will take into account is where
the parents reside. While this plan looks attractive to any
father, the Courts are usually going to require that both parents agree
to reside in the same school district before considering this plan.
It must be shown that this possession plan is in the Child's best
interest and that both parents have a work schedule that will
accommodate this schedule. BE PREPARED AND CALL NOW to
protect your rights to your child. 972-445-1500
Week On / Week Off
Another more traditional 50/50
possession plan is simply to alternate weeks. The parties would
exchange the child on Sunday evenings at 6pm and each would have
alternating weeks. Week On / Week Off plans are not favored by the
Courts because as the child grows older it can interfere with
extracurricular activities. In addition, it means that the child will
have to go an entire week without seeing the other parent. For
young children, this can be difficult, and confusing to the child.
| Mom | Beginning Sunday January 3, 2010 at 6pm and ending the following Sunday at 6pm, And, every other week thereafter |
| Dad | Beginning Sunday January 10, 2010 at 6pm and ending the following Sunday at 6pm, And, every other week thereafter |
If BOTH parents
agree to deviate from a Court Ordered Possession Plan, they may do so at
any time.
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For a free confidential consultation to discuss your legal matter with an experienced Texas Family Law and Paternity Lawyer, please call us at (972) 445-1500 if you're in the Dallas Area or Toll free at 1 (877) 613-5800. BE PREPARED - CALL NOW! |
Tools
- Conservatorship
- Standard Visitation Calendar
- Expanded Visitation Calendar
- Child Support
- Parental Alienation Syndrome (PAS)
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We hope the information provided here is helpful. Please call our
office with any questions you may have. Unless otherwise indicated,
attorneys listed in this site are not certified by the Texas Board of
Legal Specialization. This web site is designed for general
information only. The information at this site should not be
construed to be formal legal advice nor the formation of a lawyer/client
relationship.
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Admitted to the US Federal Courts, Northern District of TX
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