- Decision-Making:
Texas has adopted presumptive Joint Managing Conservatorship. The court is required to appoint both parents as Joint Managing Conservators, unless it finds that the appointment would significantly impair the child's physical health or emotional development. Joint Managing Conservatorship means the sharing of the rights, privileges, duties and powers relating to their child by two parties, even if the exclusive power to make certain decisions may be awarded to one party. Joint Managing Conservatorship does not mean that there will be equal or nearly equal periods of physical possession or access to the child by each parent.
- Visitation (Possession and Access):
Visitation in Texas is referred to as "possession and access."
Typically, the Texas courts permit the natural parents to work out an arrangement between themselves that they believe is best for the child. However, if the parents are unable to reach an agreement, the courts will issue an order.
In Texas, the terminology used to describe parenting time/access is different than in other jurisdictions. The parent exercising visitation is referred to as the “Possessory Conservator.” The parent whose home is the child’s primary residence is referred to as the “Managing Conservator.”
Under the Standard Possession Order, visitation arrangements can have many variations. If parents cannot agree, child visitation will generally follow a schedule developed by the Texas legislature that is intended to be fair and workable for both parents in a wide variety of circumstances.
The Standard Possession Order is common in the State of Texas. There is a standard visitation order for parents who live less than 100 miles from each other. There is another standard visitation order for parents who live more than 100 miles from each other.
Under the standard order for parents who live less than 100 miles from each other, the non-custodial parent has access/visitation as follows:
- Every 1st, 3rd and 5th weekend, beginning on Friday either at 6:00pm, or when school gets out, and ending on Sunday at 6:00pm or on Monday morning when school starts.
- Every Wednesday, from either 6:00pm-8:00pm, or when school gets out until school starts on Thursday.
- Spring Break in even-numbered years (2004, 2006, etc.).
- 30 days in the summer (there are a lot of details about when this 30 days is, and when the other parent can visit with the kids during the 30 days).
- The first half of Christmas vacation (ending at noon on December 26) in even-numbered years (2004, 2006, etc.).
- The second half of Christmas vacation (beginning at noon on December 26) in odd-numbered years (2003, 2005, etc.).
- Thanksgiving vacation in odd-numbered years (2003, 2005, etc.).
- 6:00-8:00pm on the child's birthday.
- Mother's Day and Father's Day weekends go to the mother and father, respectively.
For parents who live more than 100 miles from each other, the non-custodial parent has access/visitation as follows:
- Either every 1st, 3rd and 5th weekend of each month, beginning on Friday at 6:00 pm and ending on Sunday at 6:00 pm OR one weekend per month, with 14 days notice.
- Every Spring Break.
- 42 days in the summer (there are a lot of details about when this 42 days is, and when the other parent can visit with the kids during the 42 days).
- The first half of Christmas vacation (ending at noon on December 26) in even-numbered years (2004, 2006, etc.).
- The second half of Christmas vacation (beginning at noon on December 26) in odd-numbered years (2003, 2005, etc.).
- Thanksgiving vacation in odd-numbered years (2003, 2005, etc.).
- 6:00-8:00pm on the child's birthday.
- Mother's Day and Father's Day weekends go to the mother and father, respectively.
An order which deviates from the aforementioned possession schedules is referred to as a “Modified Possession Order.” This means the terms of possession are changed from the typical standard possession order (explained above). The modified possession order terms will vary depending on the needs of the parents, the age of the child, and specific issues of the case.
The court considers the age and needs of the child, including the child’s normal structure and routine, as well as the history of each parent’s involvement with the child. If the visiting parent has already established a schedule of caring for the child overnight, it is unlikely the court will put new limitations on the visiting parent’s schedule. If such limitations are put in place until a child reaches a certain age, the parent who has primary possession of the child is expected to cooperate with the visiting parent to insure the visiting parent has ample visitation time without unfairly disrupting the child’s routine and environment. Both parents should also provide the other with a list of the child’s schedule and routine while the child has been with him or her so the schedule may be maintained.
You may download a Texas Visitation Agreement (also known as a Joint Conservatorship and Possession Agreement) from our Texas Divorce Forms page.
