Family Code 153.313

Jan
12

Standard Possession Orders in Texas

The possession order for both mother and father in any divorce must be in the Best Interest of the child and the Court has specific guidelines it must follow if both parents refuse to agree to custody arrangements. The Managing Conservator has primary custody of the child and the Possessory Conservator has visitation but is not the primary custodian of the child. The guidelines set forth by the Court regarding custody for parents living 100 miles or less of each other and parents that reside over 100 miles from each other are listed in the Family Code § 153.312 and § 153.313.  

Family Code § 153.312 Standard Possession Order, regarding parents who reside 100 miles or less of each other, states the Possessory Conservator will have the following rights:

  1. Have custody of the child throughout the beginning of the year at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday.
  2. On Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m. unless the Court finds this is not in the best interest of the child.
  3. Custody of the Child for 30 consecutive days during the summer but the Possessory Conservator will be required to give written notice to the Managing Conservator by April 1st of each year specifying the extended period of possession for the summer. If Possessory Conservator does not give written notice on April 1st, then the Possessory Conservator shall have access to the child from 6 p.m. July 1st to 6 p.m. July 31st of each year.

Family Code § 153.313 Standard Possession Order, regarding parents who reside over 100 miles from each other, states the Possessory Conservator will have the following rights:

  1. Have custody of child throughout the beginning of the year at 6 p.m. on Friday of the first, third, and fifth weekend of each month and ending at 6 p.m. that Sunday. The Possessory Conservator may also elect an alternate weekend if he/she gives a 14-day notice either written or telephonic to the Managing Conservator.
  2. The visitations on Thursdays nights are not mandated under this section due to the distance between the two parents.
  3. Custody of Child for 42 consecutive days during the summer but the Possessory Conservator will be required to give written notice to the Managing Conservator by April 1st of each year specifying the extended period of possession for the summer. If the written notice is not given then the Possessory Conservator shall have access to the child from 6 p.m. on June 15th to 6 p.m. July 27th.

The Court shall follow these guidelines unless it is NOT in the Best Interest of the child. These guidelines are needed because of the contention between both parents and the common inability to find a middle ground when it comes to custody of a child. The Court may deviate from these standard Guidelines but only if a parent can prove by clear and convincing evidence that it is in the Best Interest of the Child. If these guidelines are unworkable because of the child’s schedule then the Court will make exceptions but attempt to keep the custody arrangements as close to the guidelines as possible. Custody issues can be vexing and straining on both parents. To ensure you receive a fair outcome to see your child, it is wise to seek an experienced attorney to ensure that the sacred right to see your child is not infringed.

By Nacol Law Firm | Possession of Children
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Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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