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In Texas, the process of establishing a parenting time schedule often involves the assistance of the Child Support Division, especially in situations where a child support order is sought. The parenting time schedule is typically delineated under headings such as "Possession and Access Order" or "Standard Possession Order" within the child support order. The guidelines for a standard possession order (SPO) are outlined in Chapter 153 of the Texas Family Code (TFC), serving as a framework to assist courts in determining parenting time schedules for many families (TFC § 153.251(a)).
The laws governing parenting time schedules in Texas emphasize the presumption that the standard possession order inherently provides reasonable and minimum parenting times, presumed to be in the best interest of the child (TFC § 153.252). However, the court retains the authority to order a different parenting time schedule if it deems the standard possession order contrary to the child's best interests (TFC §§ 153.002, 153.193). In instances where the standard possession order is deemed unworkable or inappropriate, the court has the discretion to establish an alternative parenting time schedule (TFC § 153.253).
It's noteworthy that the standard possession order is specifically designed for children aged three and older (TFC §§ 153.251(d), 153.254). Moreover, Texas courts are open to considering parenting time schedules created and agreed upon by both parents, provided the arrangement aligns with the child's well-being and best interests (TFC § 153.255). Importantly, concerns related to family violence can significantly impact the court's decisions regarding parenting time. Resources and information about policies and procedures related to child support and family violence can be found at the Office of the Attorney General's website.
In essence, the parenting time schedule in Texas, often guided by a standard possession order, is a crucial component of shared custody arrangements. It aims to strike a balance between the presumed best interests of the child, the flexibility to consider alternative schedules when necessary, and the overarching goal of fostering a supportive and nurturing environment for the child's growth and well-being.
A parenting time schedule serves as a crucial guide for co-parents, outlining various aspects of shared custody arrangements to navigate effectively. This schedule comprehensively addresses crucial elements such as exchange times, weekday and weekend visits, holiday schedules, the child's birthday, and breaks during the school year. In Texas, the standard possession order options available to parents are influenced by the distance between their residences. The noncustodial parent is typically provided with choices for the possession order, and these options may vary based on the geographical proximity of the parents. It is noteworthy that the noncustodial parent's selection is subject to court approval, ensuring that the chosen schedule aligns with the best interests of the child. In cases where the noncustodial parent does not make a selection, the "default" schedule terms, as defined by the Texas Family Code (TFC § 153.3101), may be incorporated into the order. This underscores the importance of thoughtful consideration and communication between co-parents in crafting a parenting time schedule that caters to the unique needs of their child.
A standard possession order (SPO) serves as a comprehensive guide for parents navigating the intricacies of shared custody, offering instructions for smooth pickup and drop-off processes. Noncustodial parents are required to choose their parenting time scheduling options either before or at the time the possession order is entered by the court, with the selection impacting the designated pickup and drop-off locations (TFC § 153.317(b)). The SPO typically presents noncustodial parents with two options for pickup and drop-off, allowing flexibility unless the court deems a selection not in the best interest of the child. Generally, these transfers occur at the other parent's residence unless otherwise specified in the court order or agreed upon by both parties. However, if the noncustodial parent opts for a schedule aligning with the child's school dismissal times, pickup and drop-off may occur at the school where the child is enrolled (TFC § 153.316; 153.3101).
In situations where a parent is unable to fulfill pickup or drop-off responsibilities, Texas Family Code provides guidelines to navigate such scenarios. Parents can designate a competent adult to handle these responsibilities, ensuring a reliable alternative in times of necessity (TFC § 153.316(6)). Communication is crucial, and if a parent is unable to pick up the child during their designated parenting time, they are obligated to notify the other parent promptly (TFC § 153.316(7)). Additionally, if a child is unable to return to school as scheduled, the parent in possession must promptly inform both the school and the other parent (TFC § 153.316(9)). Notably, parents with a standard possession order have the flexibility to mutually agree upon different parenting times, fostering an environment of cooperation and adaptability (TFC § 153.311). These provisions aim to ensure a child-centric approach in co-parenting, emphasizing communication, flexibility, and the best interests of the child in the face of varying circumstances.
When parents reside within a proximity of 50 miles or less from each other, the noncustodial parent is presented with distinct options when finalizing a standard possession order (SPO). This flexibility allows the noncustodial parent to choose between the "default" or "election" option, providing a measure of customization in the parenting time schedule based on their unique circumstances. The terms of the order, including pickup and drop-off arrangements and other crucial aspects, are subject to the choices made during this decision-making process.
It's important to note that if a parenting time schedule has already been established by a court, the Child Support Division is limited in its ability to modify this specific aspect of the order. However, when a standard possession order is part of the court's directive, parents are afforded the opportunity to collaboratively shape a parenting time arrangement that best suits the needs and dynamics of their family. This provision, outlined in the Texas Family Code (TFC § 153.311), underscores the importance of open communication and cooperation between parents, allowing them to craft a parenting time schedule that aligns with the unique considerations of their family structure and fosters a positive co-parenting relationship.
Within the legal framework outlined by the Texas Family Code, the possession schedule for non-possessory parents is a crucial aspect, emphasizing the absence of the concept of "primary custody" in Texas. The Code divides matters related to children into three distinct sections: conservatorship, governing decision-making for the child; possession and access, specifying who can see the child and when; and child support. The Expanded Standard Possession Order (E.S.P.O.), falling under the category of "possession and access," delineates the time allotted for the non-possessory parent to spend with the child when the child and non-possessory conservator reside within a 50-mile radius of each other. This order becomes particularly relevant for the parent who doesn't have the authority to determine the child's primary residence and is often applicable to the parent responsible for child support payments. In essence, the Expanded Standard Possession Order provides a structured framework to ensure equitable access and visitation rights for the non-possessory parent, contributing to the overall well-being of the child.
When parents live between 51 to 100 miles apart, the noncustodial parent is afforded a degree of flexibility in crafting a standard possession order (SPO). This flexibility comes in the form of two distinct options: the "default" or the "election" option, giving the noncustodial parent a say in determining the terms of their parenting time schedule. The default option provides a structured framework for parenting time, while the election option allows the noncustodial parent to tailor the schedule based on their specific circumstances and preferences. This flexibility acknowledges the unique challenges and dynamics of long-distance co-parenting, offering a measure of customization to better suit the needs of both parents and the child.
It's essential to note that if a parenting time schedule has already been established by a court, the Child Support Division is constrained in its ability to modify this specific aspect of the order. However, the provision in the Texas Family Code (TFC § 153.311) emphasizes the importance of collaboration between parents. In cases where a court has ordered a standard possession order, parents are encouraged to work together to reach a mutual agreement that aligns with the best interests of the child and accommodates the unique circumstances of the family. This collaborative approach reflects the commitment to fostering effective co-parenting relationships, particularly in scenarios where geographical distance adds an extra layer of complexity to shared custody arrangements.
When parents find themselves residing over 100 miles apart, navigating the complexities of custody arrangements becomes a critical aspect of ensuring the well-being of the child. In such situations, the noncustodial parent is presented with choices within the framework of a standard possession order. The intricacies of this arrangement offer two distinct options: the "default" or "election" route, providing a degree of flexibility and personalization in determining the terms of the custody agreement.
It's noteworthy that once a court has established a parenting time schedule, the Child Support Division is constrained from modifying this particular aspect of the order. However, when the court has prescribed a standard possession order, a unique avenue emerges. In such cases, parents are granted the opportunity to collaboratively forge a path that best suits the dynamics of their family. The legal basis for this lies in the Texas Family Code, specifically Section 153.311, which empowers parents to engage in a dialogue to shape an arrangement that aligns with the unique needs and circumstances of their family unit.
This legal provision underscores the importance of fostering open communication between parents even in the face of geographical separation. It acknowledges the fluid nature of family dynamics and encourages a cooperative approach in crafting a custody arrangement that prioritizes the child's well-being. By allowing parents to choose between the default and election options within the standard possession order, the legal system seeks to accommodate the diverse circumstances that families may encounter, promoting a more tailored and amicable resolution to the challenges posed by physical distance.
1. Weekends – 1st, 3rd and 5th of Fridays each month
In the context of a standard possession order, the default arrangement for weekends typically entails the noncustodial parent having possession on the 1st, 3rd, and 5th Fridays of each month. According to the default option, pickups are scheduled at the time school is dismissed for the weekend, and drop-offs occur when school resumes after the weekend during the academic term. In instances when school is not in session, the default pickup time is designated for Friday at 6 p.m., with the drop-off set for Sunday at 6 p.m. Alternatively, the election option for weekends follows a similar pattern, with pickups and drop-offs occurring on Fridays at 6 p.m. and Sundays at 6 p.m. This dual structure provides noncustodial parents with the flexibility to choose between the default and election options, allowing for a tailored parenting time schedule that aligns with the family's specific circumstances and preferences.
2. Drop-off schedule on a parenting time weekend that is extended by a school holiday or teacher in-service day
In cases where a parenting time weekend is extended due to a school holiday or a teacher in-service day occurring on a Monday, the default drop-off schedule outlines that the child should be dropped off at 8 a.m. on Tuesday. This default arrangement is structured to accommodate the additional day resulting from the school holiday or in-service day. Alternatively, the election option for this scenario allows the noncustodial parent to choose a drop-off time at 6 p.m. on Monday, providing a more immediate transition from the extended weekend.
Similarly, when a parenting time weekend is prolonged by a school holiday or teacher in-service day taking place on a Friday, the default pickup schedule dictates that the child should be picked up at the time school is dismissed on Thursday. This default arrangement ensures a seamless extension of the parenting time to encompass the additional day. On the other hand, the election option provides the noncustodial parent with the flexibility to choose a pickup time at 6 p.m. on Thursday, offering an earlier commencement of the extended weekend. These default and election choices aim to offer parents a degree of customization in their parenting time schedules, allowing them to tailor arrangements based on specific circumstances and preferences.
3. Thursdays each week during the school
On Thursdays during the school term, the default arrangement for parenting time involves the noncustodial parent picking up the child at the time school is dismissed and subsequently dropping them off when school resumes on Friday. This default schedule ensures a routine transition that aligns with the school calendar. Alternatively, the election option for Thursdays provides the noncustodial parent with the flexibility to choose a pickup time at 6 p.m. on Thursday, with the drop-off scheduled at 8 p.m. on the same day. The election option offers a more condensed parenting time window on Thursday evenings, allowing for increased flexibility and accommodating parents' individual schedules. The availability of both default and election choices aims to cater to the diverse needs and preferences of parents, fostering a co-parenting arrangement that prioritizes the well-being and convenience of all parties involved.
4. Texas SPO for Spring Vacation
During spring vacation, the parenting time schedule for the noncustodial parent in even-numbered years offers both default and election options. The default scenario entails picking up the child at the time school is dismissed for spring vacation and subsequently dropping them off at 6 p.m. on the day before school resumes. This schedule aligns with the academic calendar and provides a structured transition back into the school routine. Alternatively, the election option allows the noncustodial parent the flexibility to choose a pickup time at 6 p.m. on the day school is dismissed for spring vacation, with the drop-off also scheduled at 6 p.m. on the day before school resumes. The election option provides a more consistent timing for both pickup and drop-off, offering parents the freedom to tailor the spring vacation schedule to better suit their specific circumstances and preferences.
5. Texas SPO for Christmas Break
During Christmas break, the parenting time schedule for the noncustodial parent in even-numbered years offers both default and election options. In these years, the default arrangement involves picking up the child at the time school is dismissed for the holiday and subsequently dropping them off at noon on December 28. This default schedule is designed to provide the noncustodial parent with a substantial portion of the holiday period while maintaining consistency in the return routine. Alternatively, the election option allows the noncustodial parent to choose a pickup time at 6 p.m. on the day school is dismissed for the holiday, with the drop-off scheduled at noon on December 28. This election option offers flexibility in timing while still adhering to the overall structure of the default schedule.
In odd-numbered years, the noncustodial parent's Christmas break parenting time schedule involves picking up the child at noon on December 28 and subsequently dropping them off at 6 p.m. on the day before school resumes from the holiday. This arrangement is designed to allow the noncustodial parent extended time with the child during the later part of the holiday period, ensuring a meaningful and festive experience for both the parent and the child. The alternating schedules in even and odd-numbered years aim to strike a balance, providing consistency and flexibility to accommodate the unique dynamics of the holiday season.
6. Thanksgiving and Texas SPO
During Thanksgiving in odd-numbered years, the noncustodial parent is presented with both default and election options for their parenting time schedule. According to the default arrangement, the noncustodial parent can pick up the child at the time school is dismissed for the holiday, fostering a seamless transition into the Thanksgiving break, and subsequently drop off the child at 6 p.m. on the following Sunday. This default schedule ensures a balance between extended time during the holiday period and a structured return routine. Alternatively, the election option offers the noncustodial parent the flexibility to choose a pickup time at 6 p.m. on the day school is dismissed for the holiday, with the drop-off also scheduled at 6 p.m. on the following Sunday. This election option provides an additional layer of flexibility, allowing parents to tailor the Thanksgiving parenting time schedule to better suit their unique circumstances and preferences during this festive time of the year.
7. Father's Day Custody Schedule in Texas
In instances where the father is not otherwise entitled to possession of the child on Father's Day, two distinct parenting time options are provided—default and election. According to the default schedule, the father can pick up the child at 6 p.m. on the Friday preceding Father's Day and subsequently drop off the child at 8 a.m. on the Monday following Father's Day. This default arrangement ensures an extended period of parenting time around Father's Day, allowing for meaningful celebrations. On the other hand, the election option grants the father the flexibility to choose a pickup time at 6 p.m. on the Friday before Father's Day, with the drop-off scheduled at 6 p.m. on Father's Day itself. The election option offers a more concentrated timeframe, allowing for a focused and immediate celebration on Father's Day. These options aim to accommodate the diverse preferences and circumstances of families during this special occasion, emphasizing the importance of flexibility and choice in shared custody arrangements.
8. Mother's Day Custody in Texas
In cases where the mother is not otherwise entitled to possession of the child on Mother's Day, two distinct parenting time options are outlined—default and election. According to the default schedule, the mother has the opportunity to pick up the child at the time school is dismissed on the Friday preceding Mother's Day and subsequently drop off the child at the time school resumes after Mother's Day. This default arrangement ensures an extended period for Mother's Day celebrations, accommodating the school calendar for a seamless transition. Alternatively, the election option provides the mother with the flexibility to choose a pickup time at 6 p.m. on the Friday before Mother's Day, with the drop-off scheduled at 6 p.m. on Mother's Day itself. This election option offers a more concentrated timeframe, allowing for an immediate and focused celebration on Mother's Day. Both options acknowledge the significance of Mother's Day and aim to provide flexibility for mothers to enjoy this special occasion with their children in a manner that best suits their preferences and family dynamics.
9. Texas Child Custody During Summer
During the summer vacation, the noncustodial parent has the opportunity for an extended 30-day parenting time, with both default and election options available. In the default scenario, the noncustodial parent can exercise this extended time by picking up the child at 6 p.m. on July 1 and returning them at 6 p.m. on July 31. Alternatively, under the election option, the noncustodial parent can choose when to take this 30-day period but must notify the custodial parent by April 1st. The elected time frame may start the day after the child's school is dismissed for summer vacation, concluding no later than seven days before the school resumes. The extended summer parenting time must be utilized in no more than two separate periods, each lasting at least seven consecutive days, and not conflicting with Father's Day parenting time. The custodial parent retains the option to choose one weekend for parenting time during this 30-day period, notifying the noncustodial parent by April 15th. These weekends include pickup at 6 p.m. on Friday and drop-off at 6 p.m. on Sunday, with the custodial parent responsible for both pickup and return, ensuring a balanced and coordinated summer parenting schedule.
10. Child's Birthday
In the case where the parent is not in possession of the child on their birthday, the noncustodial parent is granted a special opportunity for a two-hour visit. According to the arrangement, the noncustodial parent can pick up the child at 6 p.m. on the child's birthday and ensure their return by 8 p.m. on the same day. This provision allows the noncustodial parent to share in the joy of the child's birthday, providing a brief yet meaningful time together. The focused and time-limited nature of this arrangement ensures that both parents have the opportunity to partake in the celebration, fostering a sense of connection and shared joy during the child's special day.
When it comes to crafting possession schedules for children under the age of three in Texas, the state recognizes the unique needs of this age group through the implementation of the "under-three provision." This provision introduces a thoughtful approach to visitation, acknowledging the developmental stages of very young children. Under this arrangement, noncustodial parents are granted a "step-up" visitation schedule, meaning they enjoy increased hours of visitation that align with the child's age. However, a significant distinction lies in the restriction of overnight visits until the child reaches the age of three. Once the child reaches this milestone, the noncustodial parent seamlessly transitions into a standard possession arrangement, inclusive of overnight visitation.
The introduction of the under-three provision reflects a nuanced understanding of the delicate nature of early childhood and the importance of gradual transitions for the child's well-being. It provides a structured yet flexible framework that acknowledges the evolving needs of both the child and the parents during this critical period.
In cases where the standard possession schedule proves to be less than ideal for parents, a custom visitation schedule becomes a viable alternative. Recognizing the diverse circumstances that families may face, many parents opt for a more personalized arrangement that better suits their unique needs. A popular choice among parents is the week-on/week-off visitation schedule, where each parent alternates possession every week. This approach not only accommodates the practicalities of modern family life but also fosters a sense of consistency for the child, as they experience predictable and regular intervals with each parent. Choosing a custom visitation schedule exemplifies the flexibility within the legal framework, empowering parents to tailor custody arrangements in a manner that best serves the interests of their children and the dynamics of their family.
2-2-3 Custody Schedule
The 2-2-3 custody schedule is a co-parenting plan crafted to facilitate the active involvement of both parents in their child's life post-divorce or separation. Under this arrangement, the child alternates spending two days with one parent, followed by two days with the other parent, and then extends to three consecutive days with the initial parent.
2-2-5-5 Custody Time
The 2-2-5-5 Custody Schedule is a shared 50/50 arrangement where co-parents divide their time with children equally. The numerical sequence in the name signifies the specific distribution of custody days. This bi-weekly joint custody schedule spans a 14-day cycle, with children spending two days with each parent initially, followed by five days with the first parent, and then five days with the second parent. The cycle then repeats, ensuring an even and consistent sharing of parenting responsibilities.
2-2 Custody Time
The Every 2 Days Alternating Custody Schedule, also known as a 2-2 schedule, is a shared 50/50 custody arrangement, ensuring an equal division of time between co-parents and their children. The nomenclature itself, "Alternating Every 2 Days," clarifies the distribution of days involved in this schedule. Under this arrangement, children spend two days with the first parent, followed by two days with the second parent, and then alternate between the two parents every two days. This cycle is repeated every four days, providing a consistent and balanced routine for both parents to actively engage in their children's lives.
3-4-4-3 Parenting Time
The 3-4-4-3 Custody Schedule, a shared 50/50 custody arrangement, ensures an equitable distribution of time between co-parents and their children. The numerical sequence in the name, 3-4-4-3, outlines the specific division of days within the schedule. In this two-week rotation, children spend three days with the first parent, followed by four days with the second parent, then four days with the first parent, and finally, three days with the second parent. This comprehensive two-week cycle repeats, fostering a balanced and consistent routine that allows both parents to actively participate in their children's lives.
There are several other options for Texas co-parents to have a 50-50 schedule.
Related: Parenting Time Calculator
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.