Getting Familiar with Child Possession Schedules

 Posted on December 18, 2023 in Adoption

In Texas, various parenting time schedules are available from which parents may choose. The most common are the Standard Possession Order, Possession Order for Children Under Three, Supervised Possession Order, and Modified Possession Order. Of course, parents are free to come up with any possession schedule they see fit that is in their children’s best interest. A Texas family law and divorce attorney can assist you in figuring out your parenting plan schedule. They can review each common possession order and adjust them to fit your preferred schedule.

What is a Possession Order?

The court order handed down by a judge that details when each parent has a right to time with their children is a possession order. Texas offers many different types of possession orders, with the most common being:

• Standard Possession Order
• Possession Order for Children Under Three
• Supervised Possession Order
• Modified Possession Order

There are other alternative possession orders that parents can choose from, or they could decide on their own parenting plan before submitting it to the court.

Standard Possession Order

The Standard Possession Order says parents may possess their child or children at any time as long as they agree. However, if there is a disagreement, the non-custodial parent who lives within 50 miles of the other parent will have possession granted to them by the times provided in the Texas Family Code.

Parents living within 100 miles of one another give the non-custodial parent rights to their children during:

• First, third, and fifth weekends of every month
• Thursday evenings during the school year (could last until Sunday evening if approved by both parents or a judge)
• Alternating holidays
• At least 30 days over summer vacation

Parents living more than 100 miles apart give the non-custodial parent rights to their children during:

• A similar or reduced weekend schedule
• Alternating holidays
• A longer break of 42 days over the summer and spring break

The mid-week Thursday visit is removed in this situation.

Possession Order for Children Under Three

The Standard Possession Order is meant for children older than three years old. Possession Order for Children Under Three is for the opposite. Both parents can still agree to choose the Standard Protection Order or an alternative possession schedule. Parents who cannot agree will receive a judgment by the court on an order using the factors listed in the Texas Family Code.

Supervised Possession Order

Judges concerned about a child’s safety can order supervised parenting time. The parenting time can be managed by an agency, a neutral third party, or even a family member at the judge’s discretion. If a private agency is used, the fees may fall on the parent to pay. It is possible, although rare that a judge may order that a parent not receive visitation. These circumstances are generally reserved for situations where being in the presence of the parent, even while supervised, could lead to the child’s physical or emotional harm.

Modified Possession Order

A Modified Possession Order is a possession order that requires alterations to the Standard Possession Order or any other order deemed unworkable or inappropriate for the parents’ situation. A good lawyer can help you draft a modified possession order that meets your family’s specific needs.

Contact a Harris County, TX Family Law Attorney

 Texas offers many possession orders to families in need of a parenting time schedule. To assist in choosing the best parenting schedule for your family’s situation, you must consult a Houston, TX child visitation lawyer. The Cusic Law Firm, P.C. is ready and available with a free consultation at 713-650-1866.