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 difference 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.  

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 is awarded in Texas absent other extenuating circumstances.

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:

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.
 

If BOTH parents agree to deviate from a Court Ordered Possession Plan, they may do so at any time.

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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