Standard Visitation in a Texas Divorce
Is there such a thing as "standard visitation" in a Texas Divorce? If so, what is it?
Yes, the Texas Family Code contains a "standard possession schedule" that is presumed to be the minimum time allocated to the parent who does not have primary possession of the child.
Here is the standard schedule:
Parent lives within 100 miles of the child
1. Weekends - First, third and fifth weekends of each month from 6:00 p.m. on Friday to Sunday at 6:00 p.m. Or - From the time school is recessed Or - Until Monday morning with delivery of the child to school. The first weekend of the month begins on the first Friday of the month.
2. Weekday Evenings - During school, each Wednesday evening beginning at 6:00 p.m. and ending at 8:00 p.m. Or - From the time school is recessed Or - Until Thursday morning with delivery of the child to school.
3. Christmas - Even-numbered years from 6:00 p.m. on the day school is recessed to noon on December 26. Odd-numbered years from noon on December 26 to 6:00 p.m. on the day before school resumes.
4. Thanksgiving - Odd-numbered years from 6:00 p.m. the day is school is recessed to 6:00 p.m. the Sunday following Thanksgiving.
5. Spring Break - Even-numbered years from 6:00 p.m. the day school is recessed to 6:00 p.m. at the end of spring break.
6. Child's Birthday - From 6:00 p.m. to 8:00 p.m. Must pick up and return the child to the other parent.
7. Father's/Mother's Day - From 6:00 p.m. on the Friday prior to Father's/Mother's Day to 6:00 p.m. on Father's/Mother's Day.
8. Summer - With written notice by April 1, possession for a total of 30 days. It must end at least 7 days prior to the end of the summer vacation. Without written notice by April 1, possession from 6:00 p.m. July 1 to 6:00 p.m. July 31.
The other parent can select 1 weekend for possession during the summer by giving notice of the date by April 15 or 14 days' notice.
Parent lives more than 100 miles from the child
1. Weekends - Either (a) the first, third and fifth weekends of each month, or alternatively, (b) one weekend per month upon 7 day's written or telephonic notice. From 6:00 p.m. on Friday to 6:00 p.m. on Sunday. Or - Same times as schedule above
2. Christmas - Same as above.
3. Thanksgiving - Same as above.
4. Spring Break - Every year from 6:00 p.m. the day school is recessed to 6:00 p.m. at the end of spring break.
5. Child's Birthday - Same as above.
6. Father's/Mother's Day - Same as above.
7. Summer - With written notice by April 1, possession for 42 days. Without written notice by April 1, possession from 6:00 p.m. June 15 to 6:00 p.m. July 27. It must end at least 7 days before the end of summer vacation.
The other parent can select 1 weekend for possession during the summer or 2 weekends if the other parent has the child more than 30 days. Notice is to be given by April 15.
Long Weekends If a weekend includes a school, state, federal or local holiday, then the weekend is extended to include the Friday or Monday holiday.
