School Days: How Does “School” Affect My Texas Possession Schedule?

Most Standard Possession Orders (SPO) in Texas make specific reference to weekends extended by student holidays and teacher in-service days, or set the beginning and end of periods of possession by a parent at the time that “school” begins or ends.  But which “school” calendar controls these matters?

Unless defined differently in the specific possession order or divorce decree, “school” in a Texas SPO means either:

1. the primary or secondary school in which the child is enrolled, or  
2. if the child is not enrolled in school, the public school district in which the child primarily resides.

So, for children who are too young to attend school, parents should refer to the calendar for the school district in which the child would attend public school based on his or her primary residence (as established by the parent with the exclusive right to designate the child’s primary residence). 

For children attending private school, or who go to a school outside their “regular” district, parents should follow the calendar of the school in which their child is actually enrolled.

However, when all else fails, parents should remember that they can agree upon a different definition of “school,” and they can always agree to alter the standard possession schedule so that it makes practical sense for themselves and their child. Such agreements should be documented in writing, and signed by both parents to avoid any future disagreements or confusion.

By:  Cynthia W. Veidt

Can I Designate a Different Summer Vacation Schedule in Texas?

As noted in a separate blog entry, under the Texas Standard Possession Schedule, the parent with whom the child does not primarily reside (called a “possessory conservator”), can have the child for up to 30 days if the parents live less than 100 miles apart.  If the parents reside over 100 miles apart, the possessory conservator can possess the child for up to 42 days.

The Texas statutes set up a “default period” for summer possession.  However, Texas Standard Possession Schedule allows the possessory conservator to designate the specific days for summer possession, provided he or she does so in writing by April 1st of that calendar year.  These extended summer vacation visits must not be over more than two separate periods and must be at least seven days in length.

These extended periods of summer vacation should be discussed and coordinated with the other parent.  Under the Texas Standard Possession Schedule, the managing conservator (the parent with whom the child primarily resides) can designate one or two specific weekends to have possession of the child during the extended summer periods of possession designated by the possessory conservator (depending on how far apart the parents live).  This designation must be given in writing on or before April 15th of that calendar year, and cannot interfere with the father’s right to possession of a child on Father’s Day.

By:  Cynthia W. Veidt, attorney and Erin Zeiss.

What is the Texas Standard “Weekend Possession” Schedule in Texas?

Texas has adopted statutes which set out guidelines for a “Standard Possession Schedule” of a child by each parent.  A typical possession order determines which parent has the right to possess the child on a particular weekend.

In general, under Texas guidelines, a possessory conservator who resides 100 miles or less from the other conservator (with whom the child primarily resides) can do the following:

- have possession on weekends throughout the year beginning 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; and

- have possession on Thursdays of each week during the regular school term beginning at 6:00 p.m. and ending at 8:00 p.m., as long as the court finds that visitation in the best interest of the child.

In cases where the parents reside over 100 miles apart, the possessory conservator can either:

- have the same weekend possession schedule as a parent who lives within 100 miles, or

- can designate one weekend (which could begin on the second or fourth Friday) per month, so long as s/he does so at least 14 days in advance.  This provides the possessory parent a little more flexibility, but somewhat less possession time. 

Also, when residing more than 100 miles apart, the possessory parent no longer receives an overnight visit during the week (usually on Thursdays), but instead is entitled to have possession of the child during every spring break vacation.

By:  Cynthia W. Veidt and Erin Zeiss.