The Texas Family Code expressly provides that

a)  The public policy of this state is to:

(1)  assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;

(2)  provide a safe, stable, and nonviolent environment for the child;  and

(3)  encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

(b)  A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support.

The Texas Family Code has a “Standard Possession Order” which is often (but not always) used by the courts. Since the best intertest of the child is the overarching concern, it sometimes is not appropriate to follow a Standard Possession Order. This is true when, for example,  there has been Family Violence, Substance Abuse, or other irresponsible or inappropriate parenting. Also, when children are under three (3) years of age, that SPO is usually not initially ordered.

The terms of the Standard Possession Order vary depending on how close (or far away) the parents reside from one another: there are provisions for:

For parents residing within 50 miles of one another, the Standard Possession Order is:

Weekends – 1st, 3rd and 5th of Fridays each month

Default: Pickup at the time school is dismissed for the weekend and drop-off at the time school resumes after the weekend during the school term. When school is not in session, pickup on Friday at 6 p.m. and drop-off Sunday at 6 p.m.

Election: Pickup on Friday at 6 p.m. and drop-off Sunday at 6 p.m.

Drop-off schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day that falls on a Monday

Default: Drop-off at 8 a.m. on Tuesday.

Election: Drop-off at 6 p.m. on Monday.

Pickup schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day that falls on a Friday

Default: Pickup at the time school is dismissed on Thursday.

Election: Pickup at 6 p.m. on Thursday.

Thursdays each week during the school term

Default: Pickup at the time school is dismissed on Thursday and drop-off at the time school resumes on Friday.

Election: Pickup at 6 p.m. on Thursday and drop-off at 8 p.m. on Thursday.

Spring Vacation

The noncustodial parent has this parenting time schedule in even numbered years:

Default: Pickup at the time school is dismissed for spring vacation and drop-off at 6 p.m. the day before school resumes.

Election: Pickup at 6 p.m. the day school is dismissed for spring vacation and drop-off at 6 p.m. the day before school resumes.

Christmas break (Even Numbered Years)

The noncustodial parent has this parenting time schedule in even numbered years:

Default: Pickup at the time school is dismissed for the holiday and drop-off at noon on December 28.

Election: Pickup at 6 p.m. the day school is dismissed for the holiday and drop-off at noon on December 28.

Christmas break (Odd Number Years)

The noncustodial parent has this parenting time schedule in odd numbered years:

Pickup at noon on December 28 and drop-off at 6 p.m. on the day before school resumes from the holiday.

Thanksgiving

The noncustodial parent has this parenting time schedule in odd numbered years:

Default: Pickup at the time school is dismissed for the holiday and drop-off at 6 p.m. on the following Sunday.

Election: Pickup at 6 p.m. on the day school is dismissed for the holiday and drop-off at 6 p.m. on the following Sunday.

Father’s Day

If the father is not otherwise entitled to possession of the child on Father’s Day, he should have the following parenting time:

Default: Pickup at 6 p.m. on the Friday before Father’s Day and drop-off at 8 a.m. on the Monday after Father’s Day.

Election: Pickup at 6 p.m. on the Friday before Father’s Day and drop-off at 6 p.m. on Father’s Day.

Mother’s Day

If the mother is not otherwise entitled to possession of the child on Mother’s Day, she should have the following parenting time:

Default: Pickup at the time school is dismissed on the Friday before Mother’s Day and drop-off at the time school resumes after Mother’s Day.

Election: Pickup at 6 p.m. on the Friday before Mother’s Day and drop-off at 6 p.m. on Mother’s Day.

Summer Vacation

The noncustodial parent can have 30 days of extended parenting time as follows:

Default: Pickup at 6 p.m. on July 1 and drop-off at 6 p.m. on July 31.

Election: The noncustodial parent can pick when this 30-day extended summer parenting time will occur but must send notice to the custodial parent by April 1st. The time period may begin no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation. The extended summer parenting time must be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. The extended summer parenting time must not interfere with Father’s Day parenting time. These periods of possession shall begin and end at 6 p.m. on each applicable day.

Under either of the above options, the custodial parent may pick one weekend for parenting time during these 30 days but must send written notice to the noncustodial parent by April 15th with the dates. Pickup is at 6 p.m. on Friday and drop-off is at 6 p.m. on Sunday. The custodial parent is responsible for picking the child up from the noncustodial parent and returning the child. The weekend cannot interfere with Father’s Day parenting time if the noncustodial parent is the father.

Child’s Birthday

The parent not in possession of the child on the child’s birthday can pick up the child for two hours as follows:

Pickup at 6 p.m. on the child’s birthday and drop-off at 8 p.m. on the child’s birthday

For Parents residing 51-100 miles apart, the SPO provides:

Weekends – 1st, 3rd and 5th Fridays of each month

Default: Pickup on Friday at 6 p.m. and drop-off Sunday at 6 p.m.

Election: Pickup at the time school is dismissed for the weekend and drop-off at the time school resumes after the weekend during the school term. When school is not in session, pickup on Friday at 6 p.m. and drop-off Sunday at 6 p.m.

Drop-off schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day that falls on a Monday

Default: Drop-off at 6 p.m. on Monday.

Election: Drop-off at 8 a.m. on Tuesday.

Pickup schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day that falls on a Friday

Default: Pickup at 6 p.m. on Thursday.

Election: Pickup at the time school is dismissed on Thursday.

Thursdays each week during the school term

Default: Pickup at 6 p.m. on Thursday and drop-off at 8 p.m. on Thursday.

Election: Pickup at the time school is dismissed on Thursday and drop-off at the time school resumes on Friday.

Spring Vacation

The noncustodial parent has this parenting time schedule in even numbered years:

Default: Pickup at 6 p.m. the day school is dismissed for spring vacation and drop-off at 6 p.m. the day before school resumes.

Election: Pickup at the time school is dismissed for spring vacation and drop-off at 6 p.m. the day before school resumes.

Christmas break (Even Numbered Years)

The noncustodial parent has this parenting time schedule in even numbered years:

Default: Pickup at 6 p.m. the day school is dismissed for the holiday and drop-off at noon on December 28th.

Election: Pickup at the time school is dismissed for the holiday and drop-off at noon on December 28th.

Christmas break (Odd Number Years)

The noncustodial parent has this parenting time schedule in odd numbered years:

Pickup at noon on December 28th and drop-off at 6 p.m. on the day before school resumes from the holiday.

Thanksgiving

The noncustodial parent has this parenting time schedule on odd numbered years:

Default: Pickup at 6 p.m. on the day school is dismissed for Thanksgiving and drop-off at 6 p.m. on the following Sunday.

Election: Pickup at the time school is dismissed for the vacation and drop-off at 6 p.m. on the following Sunday.

Father’s Day

If the father is not otherwise entitled to possession of the child on Father’s Day, he should have the following parenting time:

Default: Pickup at 6 p.m. on the Friday before Father’s Day and drop-off at 6 p.m. on Father’s Day.

Election: Pickup at 6 p.m. on the Friday before Father’s Day and drop-off at 8 a.m. on the Monday after Father’s Day.

Mother’s Day

If the mother is not otherwise entitled to possession of the child on Mother’s Day, she should have the following parenting time:

Default: Pickup at 6 p.m. on the Friday before Mother’s Day and drop-off at 6 p.m. on Mother’s Day.

Election: Pickup at the time school is dismissed on the Friday before Mother’s Day and drop-off at the time school resumes after Mother’s Day.

Summer Vacation

The noncustodial parent has 30 days of extended parenting time as follows:

Default: Pickup at 6 p.m. on July 1st and drop-off at 6 p.m. on July 31st.

Election: The noncustodial parent can pick when this 30-day extended summer parenting time will occur but must send notice to the custodial parent by April 1st. The time period may begin no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation. The extended summer parenting time must be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. The extended summer parenting time must not interfere with Father’s Day parenting time. These periods of possession shall begin and end at 6 p.m. on each applicable day.

Under either of the above options, the custodial parent may pick one weekend for parenting time during these 30 days but must send written notice to the noncustodial parent by April 15th of the dates. Pickup is at 6 p.m. on Friday and drop-off at is at 6 p.m. on Sunday. The custodial parent is responsible for picking the child up from the noncustodial parent and returning the child. The weekend cannot interfere with Father’s Day parenting time if the noncustodial parent is the father.

Child’s Birthday

The parent not in possession of the child on the child’s birthday can pick up the child for two hours as follows:

Pickup at 6 p.m. on the child’s birthday and drop-off at 8 p.m. on the child’s birthday

For Parents who reside more than 100 miles apart, the SPO provides:

Weekends

Noncustodial parents must choose between either the 1st, 3rd and 5th Fridays of each month or one weekend a month of the noncustodial parent’s choice.

Default: Pickup on Friday at 6 p.m. and drop-off Sunday at 6 p.m.

Election: Pickup at the time school is dismissed for the weekend and drop-off at the time school resumes after the weekend during the school term. When school is not in session, pickup on Friday at 6 p.m. and drop-off Sunday at 6 p.m.

Drop-off schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day that falls on a Monday

Default: Drop-off at 6 p.m. on Monday.

Election: Drop-off at 8 a.m. on Tuesday.

Pickup schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day that falls on a Friday

Default: Pickup at 6 p.m. on Thursday.

Election: Pickup at the time school is dismissed on Thursday.

Spring Vacation

The noncustodial parent has this parenting time schedule every year during Spring vacation:

Default: Pickup at 6 p.m. the day school is dismissed for spring vacation and drop-off at 6 p.m. the day before school resumes.

Election: Pickup at the time school is dismissed for spring vacation and drop-off at 6 p.m. the day before school resumes.

Christmas Break (Even Numbered Years)

The noncustodial parent has this parenting time schedule in even numbered years:

Default: Pickup at 6 p.m. the day school is dismissed for the Christmas vacation and drop-off at noon on December 28th.

Election: Pickup at the time school is dismissed for the holiday and drop-off at noon on December 28th.

Christmas Break (Odd Numbered Years)

The noncustodial parent has this parenting time schedule in odd numbered years:

Pickup at noon on December 28th and drop-off at 6 p.m. on the day before school resumes from the vacation.

Thanksgiving

The noncustodial parent has this parenting time schedule in odd numbered years:

Default: Pickup at 6 p.m. on the day school is dismissed for Thanksgiving and drop-off at 6 p.m. on the following Sunday.

Election: Pickup at the time school is dismissed for Thanksgiving and drop-off at 6 p.m. on the following Sunday.

Father’s Day

If the father is not otherwise entitled to possession of the child on Father’s Day, he should have the following parenting time:

Default: Pickup at 6 p.m. on the Friday before Father’s Day and drop-off at 6 p.m. on Father’s Day.

Election: Pickup at 6 p.m. on the Friday before Father’s Day and drop-off at 8 a.m. on the Monday after Father’s Day.

Mother’s Day

If the mother is not otherwise entitled to possession of the child on Mother’s Day, she should have the following parenting time:

Default: Pickup at 6 p.m. on the Friday before Mother’s Day and drop-off at 6 p.m. on Mother’s Day.

Election: Pickup at the time school is dismissed on the Friday before Mother’s Day and drop-off at the time school resumes after Mother’s Day.

Summer Vacation

The noncustodial parent has 42 days of extended parenting time during the summer vacation.

Default: Pickup at 6 p.m. on June 15 and drop-off at 6 p.m. on July 27.

Election: The noncustodial parent can pick when this 42-day extended summer parenting time period will occur but must send written notice to the custodial parent by April 1st. The time period may begin no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation. The extended summer parenting time must be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. The extended summer parenting time must not interfere with Father’s Day parenting time. These periods of parenting time shall begin and end at 6 p.m. on each applicable day.

Under either of the above options, the custodial parent may pick one weekend for parenting time during this extended summer vacation parenting time period but must send written notice to the noncustodial parent by April 15th with the specific dates. If the summer vacation period of possession by the noncustodial parent is more than 30 days, then the custodial parent may have possession of the child on any 2 nonconsecutive weekends during that period. Pickup at 6 p.m. on Friday and drop-off at 6 p.m. on Sunday. The custodial parent is responsible for picking the child up from the noncustodial parent and returning the child for these selected parenting time period(s). The weekend or weekends cannot interfere with Father’s Day parenting time.

Child’s Birthday

The parent not in possession of the child on the child’s birthday can pick up the child for two hours as follows:

Pickup at 6 p.m. on the child’s birthday and drop-off at 8 p.m. on the child’s birthday.