What follows is the Texas Expanded Standard Possession Order – it is an example only and is provided here to give you an idea of what it is about. Essentially, the Texas Expanded Standard Possession Order will provide almost 50/50 equal possession of the children. Not exactly fifty-fifty possession, but close. Various commentary is set out through the order – Jackson’s comments are set out in blue.
Possession and Access
1. Expanded Possession Order
The Court finds that the following provisions of this Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that the MOTHER and FATHER shall comply with all terms and conditions of this Possession Order. IT IS ORDERED that this Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this decree of divorce. IT IS, THEREFORE, ORDERED:
(a) Definitions
1. In this Possession Order “school” means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.
2. In this Possession Order “child” means Emma G. Linsteadt, who is a subject of this suit while she is under the age of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
IT IS ORDERED that the MOTHER AND FATHER shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the MOTHER AND FATHER shall have possession of the child under the specified terms set out in this Possession Order.
Comment – Notice section (b) uses the term agreement. Parents can always “agree” to something. If the parents do not agree – then the possession order takes affect. The order must have a possession order otherwise it is unenforcible. Something we have seen – a parent signing off on a decree where it only says – “by agreement.”
(c) When the Parents Reside 100 Miles or Less Apart
Comment – As indicated, section (c) applies where the parents reside 100 miles or less from each other. Another possession schedule takes affect if the parents are over 100 miles – the long distance possession schedule.
Except as otherwise explicitly provided in this Possession Order, when the FATHER resides 100 miles or less from the primary residence of the child, the FATHER shall have the right to possession of the child as follows:
1. Weekends – On weekends, beginning at the time the child’s school is regularly dismissed, on the first, third, and fifth Friday of each month and ending at the time the child’s school resumes after the weekend.
Comment – The first, third, and fifth Friday of each month is awarded to the “non-primary” conservator. Notice, the primary conservator (the conservator with the right to establish the residence of the child) gets the second and forth weekend of each month. Usually the Father, the non-primary has an advantage here about three or four times per year where he gets the 5th weekend of the month. In those months where Father gets the 5th weekend then he will immediately have the first weekend of the following month. It works out like this – Father receives the 1st, 3rd, 5th, 6th, and 8th weekend over two months. Mother would receive the 2nd, 4th, 7th and 9th weekend over the same period and does not have the back to back weekend advantage.
2. Weekend Possession Extended by a Holiday – Except as otherwise explicitly provided in this Possession Order, if a weekend period of possession by the FATHER begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time school is regularly dismissed on the Thursday immediately preceding the Friday holiday or school holiday or end at the time the child’s school resumes on that Tuesday or the day after that school holiday, as applicable.
3. Thursdays – On Thursday of each week during the regular school term, beginning at the time the child’s school is regularly dismissed and ending at the time the child’s school resumes on Friday.
Comment – Father, in our example, may pick up his child each Thursday from school during the school year and return the child to school the following day – Friday. This is each week of the school year – every Thursday.
4. Spring Break in Even-Numbered Years – In even-numbered years, beginning at the time the child’s school is regularly dismissed on the day the child is dismissed from school for the school’s spring vacation and ending at the time the child’s school resumes on that Monday after that school holiday.
5. Extended Summer Possession by FATHER –
With Written Notice by April 1 – If FATHER gives MOTHER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, FATHER shall have possession of the child for thirty days beginning 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 in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.
Comment – this is where the non-primary, usually Father, has a real advantage. He gets first pick in the Summer. He gets the most time in the Summer with his children. He can pick two separate periods or take the full 30 days.
Without Written Notice by April 1 – If FATHER does not give MOTHER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, FATHER shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.
Comment – if Father does not elect his summer possession by April 1 of the year, then the Order automatically gives him July. A lot of Dads do this.
Notwithstanding the weekend and Thursday periods of possession ORDERED for FATHER it is explicitly ORDERED that MOTHER shall have a superior right of possession of the child as follows:
1. Spring Break in Odd-Numbered Years – In odd-numbered years, beginning at the time the child’s school is regularly dismissed on the day the child is dismissed from school for the school’s spring vacation and ending at the time the child’s school resumes on that Monday after that school holiday.
Comment – under the “under 100 mile possession schedule, the parents will split Spring Break over the years. Father in all odd numbered years. Mother in all even numbered years. Contrast this with the over 100 mile possession schedule where Father, in our example, gets all Spring Breaks.
2. Summer Weekend Possession by MOTHER – If MOTHER gives FATHER written notice by April 15 of a year, MOTHER shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by FATHER in that year, provided that MOTHER picks up the child from FATHER and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
Comment – again, in this example Mom gets to pick a weekend during Father’s extended summer possession as long as she picks up the child from Father on Friday and returns the child on Sunday. She can take any weekend. Her pick. As long as she picks up and returns the child.
3. Extended Summer Possession by MOTHER – If MOTHER gives FATHER written notice by April 15 of a year or gives FATHER fourteen days’ written notice on or after April 16 of a year, MOTHER may designate one weekend beginning 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, during which an otherwise scheduled weekend period of possession by FATHER shall not take place in that year, provided that the weekend so designated does not interfere with FATHER’s period or periods of extended summer possession or with Father’s Day Weekend.
Comment – this paragraph, paragraph 3 above, is where Mom, in our example, gets to pick a weekend where Dad will not have possession. This gives her Summer vacation time. This usually occurs in June (but she cannot pick Father’s Day weekend) or August because the Father will take the default July for his Summer possession. But notice, Father in our example has the right to pick any 30 day period in the Summer for his possession and Mother must pick an alternative period. She can’t interfere with Dad’s Summer possession or Father’s Day.
(d) When the Parents Who Reside More Than 100 Miles Apart
Comment – this is the possession schedule for those parents who reside 100 miles or greater apart.
Except as otherwise explicitly provided in this Possession Order, when FATHER resides more than 100 miles from the residence of the child, FATHER shall have the right to possession of the child as follows:
1. Weekends – Unless FATHER elects the alternative period of weekend possession described in the next paragraph, FATHER shall have the right to possession of the child on weekends, 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. Except as otherwise explicitly provided in this possession Order, if such a weekend period of possession by FATHER begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.
Comment – in our example, Father gets to chose if he wants a 1st, 3rd, and 5th weekend of each month or the right to choose any one weekend per month with 14 days written notice.
Alternate Weekend Possession – In lieu of the weekend possession described in the foregoing paragraph, FATHER shall have the right to possession of the child not more than one weekend per month of FATHER’s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Except as otherwise explicitly provided in this Possession Order, if such a weekend period of possession by FATHER begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable. FATHER may elect an option for this alternative period of weekend possession by giving written notice to MOTHER at any time after the parties begin to reside more than 100 miles apart. If FATHER makes this election, FATHER shall give MOTHER fourteen days’ written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and Mother’s Day Weekend below.
Comment – in our example, Father may elect to choose one weekend per month upon 14 days written notice. Why would Father do this – because he has the power to pick all the long weekends (Labor Day, Columbus Day, MLK Day, President’s Day, Memorial Day and any inservice teacher weekend). Every month will have at least one long weekend.
2. Spring Break in All Years – Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
Comment – non-primary, usually Father, gets every spring break if living over 100 miles away from the primary.
3. Extended Summer Possession by FATHER –
With Written Notice by April 1 – If FATHER gives MOTHER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, FATHER shall have possession of the child for forty-two days (42) beginning 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 in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 1 – If FATHER does not give MOTHER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, FATHER shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.
Comment – non-primary gets 42 days in the Summer if the non=primary resides over 100 miles from the primary.
Notwithstanding the weekend periods of possession ORDERED for FATHER it is explicitly ORDERED that MOTHER shall have a superior right of possession of the child as follows:
1. Summer Weekend Possession by MOTHER – If MOTHER gives FATHER written notice by April 15 of a year, MOTHER shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by FATHER during FATHER’s extended summer possession in that year, provided that if a period of possession by FATHER in that year exceeds thirty days, MOTHER may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that MOTHER picks up the child from FATHER and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
2. Extended Summer Possession by MOTHER – If MOTHER gives FATHER written notice by April 15 of a year, MOTHER may designate twenty-one days beginning 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 in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which FATHER shall not have possession of the child, provided that the period or periods so designated do not interfere with FATHER’s period or periods of extended summer possession or with Father’s Day Weekend.
(e) Holidays Unaffected by Distance
Comment – notice all holidays are unaffected by distance. They are split 50-50. One year Mom gets Christmas Day and the next year Dad gets Christmas Day. In those years where Dad gets Thanksgiving, Mom will get Christmas Day. This is an even split.
Notwithstanding the weekend and Thursday periods of possession of FATHER, MOTHER and FATHER shall have the right to possession of the child as follows:
1. Christmas Holidays in Even-Numbered Years – In even-numbered years, FATHER shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and MOTHER shall have the right to possession of the child beginning at noon on December 28 and ending at the time school resumes on the day after that vacation.
2. Christmas Holidays in Odd-Numbered Years – In odd-numbered years, MOTHER shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and FATHER shall have the right to possession of the child beginning at noon on December 28 and ending at the time school resumes on the day after that vacation.
3. Thanksgiving in Odd-Numbered Years – In odd-numbered years, FATHER shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed on the day the child is dismissed from school for the Thanksgiving holiday and ending at the time school resumes on the day after that vacation.
4. Thanksgiving in Even-Numbered Years – In even-numbered years, MOTHER shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed on the day the child is dismissed from school for the Thanksgiving holiday and ending at the time school resumes on the day after that vacation.
5. Child’s Birthday – If a parent is not otherwise entitled under this Possession Order to present possession of a child on the child’s birthday, that parent shall have possession of the child and the child’s siblings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the children from the other parent’s residence and returns the children to that same place.
6. Father’s Day Weekend – FATHER shall have the right to possession of the child each year, beginning at the time the child’s school is regularly dismissed on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if FATHER is not otherwise entitled under this Possession Order to present possession of the child, he shall pick up the child from MOTHER’s residence and return the child to that same place.
7. Mother’s Day Weekend – MOTHER shall have the right to possession of the child each year, beginning at the time the child’s school is regularly dismissed on the Friday preceding Mother’s Day and ending at 6:00 p.m. on Mother’s Day, provided that if MOTHER is not otherwise entitled under this Possession Order to present possession of the child, she shall pick up the child from FATHER’s residence and return the child to that same place.
(f) Undesignated Periods of Possession
MOTHER shall have the right of possession of the child at all other times not specifically designated in this Possession Order for FATHER.
(g) General Terms and Conditions
Except as otherwise explicitly provided in this Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:
1. Surrender of Child by MOTHER – MOTHER is ORDERED to surrender the child to FATHER at the beginning of each period of FATHER’s possession at the residence of MOTHER.
2. Surrender of Child by FATHER – FATHER is ORDERED to surrender the child to MOTHER at the residence of FATHER at the end of each period of possession.
3. Surrender of Child by FATHER – FATHER is ORDERED to surrender the child to MOTHER, if the child is in FATHER’s possession or subject to FATHER’s control, at the beginning of each period of MOTHER’s exclusive periods of possession, at the place designated in this Possession Order.
4. Return of Child by MOTHER – MOTHER is ORDERED to return the child to FATHER, if FATHER is entitled to possession of the child, at the end of each of MOTHER’s exclusive periods of possession, at the place designated in this Possession Order.
5. Personal Effects – Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.
6. Designation of Competent Adult – Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.
7. Inability to Exercise Possession – Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.
8. Written Notice – Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.
This concludes the Possession Order.
2. Duration
The periods of possession ordered above apply to each child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.
3. No Family Violence
It has been represented to the Court that there has been family violence within two years of the date of the filing of this divorce. The parties have agreed and acknowledge that there is no present danger of family violence. The COURT THEREFORE FINDS that no evidence was taken in this matter as to child neglect or family violence. The Court therefore finds that none has taken place.
4. Termination of Orders
The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of MOTHER to FATHER unless a nonparent or agency has been appointed conservator of the children under chapter 153 of the Texas Family Code.
5. Notice to Peace Officers
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.