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Visitation standard possession order

Visitation and the Standard Possession Order

A commonly used term by Judges and lawyers at the Court House when they are
discussing a divorcing parent’s rights is the Standard Possession Order.

The following statutes are what makes up the Standard Possession Order.

§ 153.311. Mutual Agreement or Specified Terms for Possession.

The court shall specify in a standard possession order that the parties may have
possession of the child at times mutually agreed to in advance by the parties and, in the
absence of mutual agreement, shall have possession of the child under the specified terms
set out in the standard order.

§ 153.137. Guidelines for the Possession of Child by Parent Named as Joint Managing
Conservator.

The standard possession order provided by Subchapter F constitutes a presumptive
minimum amount of time for possession of a child by a parent named as a joint managing
conservator who is not awarded the primary physical residence of the child in a suit.

§ 153.254. Child Less Than Three Years of Age.

(a) The court shall render an order appropriate under the circumstances for possession of
a child less than three years of age.

(b) The court shall render a prospective order to take effect on the child’s third birthday,
which presumptively will be the standard possession order.

§ 153.256. Factors for Court to Consider.

In ordering the terms of possession of a child under an order other than a standard
possession order, the court shall be guided by the guidelines established by the standard
possession order and may consider:

(1) the age, developmental status, circumstances, needs, and best interest of the child;

(2) the circumstances of the managing conservator and of the parent named as a
possessory conservator; and

(3) any other relevant factor.

§ 153.312. Parents Who Reside 100 Miles or Less Apart.

(a) If the possessory conservator resides 100 miles or less from the primary residence of
the child, the possessory conservator shall have the right to possession of the child as
follows:

(1) on weekends beginning at 6 p.m. on the first, third, and fifth Friday of each month and
ending at 6 p.m. on the following Sunday or, at the possessory conservator’s election made
before or at the time of the rendition of the original or modification order, and as specified
in the original or modification order, beginning at the time the child’s school is regularly
dismissed and ending at 6 p.m. on the following Sunday; and

(2) on Thursdays of each week during the regular school term beginning at 6 p.m. and
ending at 8 p.m., or, at the possessory conservator’s election made before or at the time
of the rendition of the original or modification order, and as specified in the original or
modification order, beginning at the time the child’s school is regularly dismissed and ending
at the time the child’s school resumes, unless the court finds that visitation under this
subdivision is not in the best interest of the child.

(b) The following provisions govern possession of the child for vacations and certain
specific holidays and supersede conflicting weekend or Thursday periods of possession.
The possessory conservator and the managing conservator shall have rights of possession
of the child as follows:

(1) the possessory conservator shall have possession in even-numbered years, beginning
at 6 p.m. on the day the child is dismissed from school for the school’s spring vacation and
ending at 6 p.m. on the day before school resumes after that vacation, and the managing
conservator shall have possession for the same period in odd-numbered years;

(2) if a possessory conservator:

(A) gives the managing conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory conservator shall have
possession of the child for 30 days beginning not earlier than the day after the child’s school
is dismissed for the summer vacation and ending not later than seven days before school
resumes at the end of the summer vacation, to be exercised in not more than two separate
periods of at least seven consecutive days each; or

(B) does not give the managing conservator written notice by April 1 of each year specifying
an extended period or periods of summer possession, the possessory conservator shall
have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and
ending at 6 p.m. on July 31;

(3) if the managing conservator gives the possessory conservator written notice by April 15
of each year, the managing conservator shall have possession of the child on any one
weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during
one period of possession by the possessory conservator under Subdivision (2), provided
that the managing conservator picks up the child from the possessory conservator and
returns the child to that same place; and

(4) if the managing conservator gives the possessory conservator written notice by April 15
of each year or gives the possessory conservator 14 days’ written notice on or after April
16 of each year, the managing conservator may designate one weekend beginning not
earlier than the day after the child’s school is dismissed for the summer vacation and ending
not later than seven days before school resumes at the end of the summer vacation, during
which an otherwise scheduled weekend period of possession by the possessory
conservator will not take place, provided that the weekend designated does not interfere
with the possessory conservator’s period or periods of extended summer possession or with
Father’s Day if the possessory conservator is the father of the child.

§ 153.313. Parents Who Reside Over 100 Miles Apart.

If the possessory conservator resides more than 100 miles from the residence of the child,
the possessory conservator shall have the right to possession of the child as follows:

(1) either regular weekend possession beginning on the first, third, and fifth Friday as
provided under the terms applicable to parents who reside 100 miles or less apart or not
more than one weekend per month of the possessory conservator’s choice beginning at 6
p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before
school resumes after the weekend, provided that the possessory conservator gives the
managing conservator 14 days’ written or telephonic notice preceding a designated
weekend, and provided that the possessory conservator elects an option for this alternative
period of possession by written notice given to the managing conservator within 90 days
after the parties begin to reside more than 100 miles apart, as applicable;

(2) each year beginning on the day the child is dismissed from school for the school’s spring
vacation and ending at 6 p.m. on the day before school resumes after that vacation; (3) if
the possessory conservator:

(A) gives the managing conservator written notice by April 1 of each year specifying an
extended period or periods of summer possession, the possessory conservator shall have
possession of the child for 42 days beginning not earlier than the day after the child’s school
is dismissed for the summer vacation and ending not later than seven days before school
resumes at the end of the summer vacation, to be exercised in not more than two separate
periods of at least seven consecutive days each; or

(B) does not give the managing conservator written notice by April 1 of each year specifying
an extended period or periods of summer possession, the possessory conservator shall
have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and
ending at 6 p.m. on July 27;

(4) if the managing conservator gives the possessory conservator written notice by April 15
of each year the managing conservator shall have possession of the child on one weekend
beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period
of possession by the possessory conservator under Subdivision (3), provided that if a
period of possession by the possessory conservator exceeds 30 days, the managing
conservator may have possession of the child under the terms of this subdivision on two
nonconsecutive weekends during that time period, and further provided that the managing
conservator picks up the child from the possessory conservator and returns the child to that
same place; and

(5) if the managing conservator gives the possessory conservator written notice by April 15
of each year, the managing conservator may designate 21 days beginning not earlier than
the day after the child’s school is dismissed for the summer vacation and ending not later
than seven days before school resumes at the end of the summer vacation, to be exercised
in not more than two separate periods of at least seven consecutive days each, during
which the possessory conservator may not have possession of the child, provided that the
period or periods so designated do not interfere with the possessory conservator’s period
or periods of extended summer possession or with Father’s Day if the possessory
conservator is the father of the child.

§ 153.314. Holiday Possession Unaffected by Distance Parents Reside Apart.
The following provisions govern possession of the child for certain specific holidays and
supersede conflicting weekend or Thursday periods of possession without regard to the
distance the parents reside apart. The possessory conservator and the managing
conservator shall have rights of possession of the child as follows:

(1) the possessory conservator shall have possession of the child in even-numbered years
beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school
vacation and ending at noon on December 26, and the managing conservator shall have
possession for the same period in odd-numbered years;

(2) the possessory conservator shall have possession of the child in odd-numbered years
beginning at noon on December 26 and ending at 6 p.m. on the day before school resumes
after that vacation, and the managing conservator shall have possession for the same
period in even-numbered years;

(3) the possessory conservator shall have possession of the child in odd-numbered years,
beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and
ending at 6 p.m. on the following Sunday, and the managing conservator shall have
possession for the same period in even-numbered years;

(4) the parent not otherwise entitled under this standard order to present possession of a
child on the child’s birthday shall have possession of the child beginning at 6 p.m. and
ending at 8 p.m. on that day, provided that the parent picks up the child from the residence
of the conservator entitled to possession and returns the child to that same place;

(5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the
Friday preceding Father’s Day and ending on Father’s Day at 6 p.m., provided that, if he is
not otherwise entitled under this standard order to present possession of the child, he picks
up the child from the residence of the conservator entitled to possession and returns the
child to that same place; and

(6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on
the Friday preceding Mother’s Day and ending on Mother’s Day at 6 p.m., provided that, if
she is not otherwise entitled under this standard order to present possession of the child,
she picks up the child from the residence of the conservator entitled to possession and
returns the child to that same place.

§ 153.315. Weekend Possession Extended by Holiday.

(a) If a weekend period of possession of the possessory conservator coincides with a
school holiday during the regular school term or with a federal, state, or local holiday during
the summer months in which school is not in session, the weekend possession shall end
at 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a
Friday holiday or school holiday, as applicable.

(b) At the possessory conservator’s election, made before or at the time of the rendition of
the original or modification order, and as specified in the original or modification order,
periods of possession extended by a holiday may begin at the time the child’s school is
regularly dismissed.

§ 153.316. General Terms and Conditions.

The court shall order the following general terms and conditions of possession of a child to
apply without regard to the distance between the residence of a parent and the child: (1)
the managing conservator shall surrender the child to the possessory conservator at the
beginning of each period of the possessory conservator’s possession at the residence of
the managing conservator;

(2) if the possessory conservator elects to begin a period of possession at the time the
child’s school is regularly dismissed, the managing conservator shall surrender the child to
the possessory conservator at the beginning of each period of possession at the school in
which the child is enrolled;

(3) the possessory conservator shall be ordered to do one of the following:

(A) the possessory conservator shall surrender the child to the managing conservator at the
end of each period of possession at the residence of the possessory conservator; or

(B) the possessory conservator shall return the child to the residence of the managing
conservator at the end of each period of possession, except that the order shall provide that
the possessory conservator shall surrender the child to the managing conservator at the
end of each period of possession at the residence of the possessory conservator if:

(i) at the time the original order or a modification of an order establishing terms and
conditions of possession or access the possessory conservator and the managing
conservator lived in the same county, the possessory conservator’s county of residence
remains the same after the rendition of the order, and the managing conservator’s county
of residence changes, effective on the date of the change of residence by the managing
conservator; or

(ii) the possessory conservator and managing conservator lived in the same residence at
any time during a six-month period preceding the date on which a suit for dissolution of the
marriage was filed and the possessory conservator’s county of residence remains the same
and the managing conservator’s county of residence changes after they no longer live in
the same residence, effective on the date the order is rendered;

(4) if the possessory conservator elects to end a period of possession at the time the child’s
school resumes, the possessory conservator shall surrender the child to the managing
conservator at the end of each period of possession at the school in which the child is
enrolled;

(5) each conservator shall return with the child the personal effects that the child brought
at the beginning of the period of possession;

(6) either parent may designate a competent adult to pick up and return the child, as
applicable; a parent or a designated competent adult shall be present when the child is
picked up or returned;

(7) a parent shall give notice to the person in possession of the child on each occasion that
the parent will be unable to exercise that parent’s right of possession for a specified period;

(8) written notice shall be deemed to have been timely made if received or postmarked
before or at the time that notice is due; and

(9) if a conservator’s time of possession of a child ends at the time school resumes and for
any reason the child is not or will not be returned to school, the conservator in possession
of the child shall immediately notify the school and the other conservator that the child will
not be or has not been returned to school.

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Debt Division

San Antonio Family Law Attorney

It is essential that a Divorce Decree divide the debts of the spouses. The alternative is to
potentially leave the debts undivided and each party with the uncertainty of who will have
to pay the debts.

There are two important things to consider in debt division:

A. No effect on third party creditors – Although the Court can order a division of debts in
any manner that the Court deems appropriate, a Court order effective between a husband
and wife is NOT necessarily effective against a third-party creditor. In other words, it is
possible that a credit card company can go after you or your former spouse on a joint credit
card regardless of who was ordered to pay the credit card debt in the Divorce Decree.

B. Income Taxes – Although the Court can order either spouse to pay the parties’ income
taxes thorough the date of divorce, this is not effective as against the IRS. The IRS can
come after either party for the unpaid income taxes.

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Property Division

San Antonio Divorce Lawyer

There are two kinds of property that will need to be taken care of in a Divorce Decree.

A. Community Property

Community property” is defined as all property owned by the parties that is not proven
to be “separate property”. All property is presumed to be community property unless it
can be proven to be “separate property”.

B. Separate Property

Separate property” is defined as being:

[1] Property owned or acquired prior to marriage
[2] Property received by gift;
[3] Inherited property; or
[4] Monies received for personal injuries.

C. Reimbursement

If “separate property” has been enhanced in value during the marriage, the community
estate may be entitled to receive reimbursement for the enhanced value of the property.

D. How Courts Divide Property

In general, Texas courts divide community property “50/50” in a divorce. However, the
Court can divide community property in “just and right” manner, having regard for the
rights of each party and the children of the marriage. Property can be divided
disproportionately in favor of one spouse under certain circumstances. Ask your
attorney about this.

.

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The Divorce Process – From beginning to the end
San Antonio Family Lawyer

A. Requirements for filing for Divorce in Texas

Grounds – In order to file suit for divorce in Texas, you must prove that you have met the
necessary “grounds” for divorce. Those grounds include:

One of the spouses must be a resident of Texas for six months and ninety
(90) days in the County in which you file for the divorce;
the marriage is insupportable because of discord and conflict between the
spouses; and
there is no chance for reconciliation.

B. The Petition:

In deciding how to file you suit for divorce, you have the following options:

Filing the Petition – involves filing the Petition with the District Clerk’s Office
and not proceeding any further;
Filing and mailing – filing the Petition and having your attorney mail a copy of
the Petition with a Waiver of Citation to your spouse;
Filing and serving – filing the Petition and having the Petition served by a
process server upon your spouse (this gives your spouse proper notice that a
divorce has been filed); or
Temporary Restraining Order – have the judge sign a temporary restraining
order stopping your spouse from doing something that may be detrimental to you,
your children, or your property (this order must be served on your spouse in order
to be effective).

C. Temporary Orders Hearing

If you and your spouse cannot agree as to how your property will be temporarily divided,
your debts temporarily paid, and if you have children, how your children will be
temporarily cared for, then you will need to have a hearing on temporary orders.
Temporary Orders allows the court the opportunity to make orders that the two of you
will have to follow during the time between the filing of your divorce Petition and the
entry of the Final Decree of Divorce in your case. Some of the issues to be determined
at a temporary Orders Hearing include:

Temporary use of property;
Temporary support and alimony;
Temporary payment of debts;
Temporary possession of children;
Temporary visitation schedule; and
Award of interim attorney’s fees.

D. Discovery

It is normal during a divorce for each spouse to ask the other spouse to answer certain
questions, produce documents, and possibly, to offer testimony regarding the issues in
the case. Discovery is used to prepare a case for trial. Discovery can include:

Interrogatories – which are a series of questions to be answered under oath
within thirty (30) days and sent back to the party who asked the questions;
Request for Production – this is a document that requires you to produce
certain documents and items within thirty (30) days;
Request for Disclosure – this is a document that requires you to explain
what the issues are in your case, who are the people who know about these
issues, and what experts you intend to call if the case goes to trial; and
Depositions – which is a process whereby the sworn testimony of a person is
taken prior to trial.

E. Divorce Decree

The Divorce Decree is the final order signed by the Judge in a case. The Divorce
Decree should do the following: divide all of the property and debts; determine who will
have custody of the children; determine who will pay child support and what the
visitation rights are for each parent; make provisions for taxes; and make other rulings
that resolve all of the issues in the case.

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To begin the process of legal consultation, please review and complete the following appropriate client forms and questionnaires:

Client Forms and Questionnaires

To begin the process of legal consultation, please review and complete the following appropriate client forms and questionnaires:

Divorce, Custody & Child Support Client Interview FormAdobe Acrobat PDF

Will and Power of Attorney Client Interview FormAdobe Acrobat PDF

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Understanding Collaborative Law
By the South Texas Collaborative Family Law Group

The “collaborative law concept” is new to Texas, but has established itself as a viable alternative to divorce litigation around the country. Instead of a typical divorce where couples battle out their disputes publicly in a courtroom, collaborative law offers a calmer alternative of dispute resolution.

In other words, it offers both a “no fault” and “no fight” divorce for clients who want to avoid conflict in the divorce process.

Collaborative law is a process where all parties commit to resolving their differences fairly instead of through the nauseating and expensive process of divorce and courtroom brawls. The divorce is settled by agreement without going to court (or threatening to go to court).

1. The Commitment

* Collaborative Law is a process whereby both parties and counsel commit themselves to resolving their differences fairly without resort or threat of resort to the courts. The process allows you to work out your divorce issues by agreement, with you and your spouse avoiding courtroom brawls and the formal discovery process.

* Collaborative Law relies on an atmosphere of honesty, cooperation, integrity and professionalism geared toward the future well being of the family.

* Collaborative Law engages in informal discussions and conferences to settle all issues.

* Collaborative Law requires each party and each attorney to take a reasoned position on all issues. Where such positions, differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach a settlement of all issues.

2. Trust and Verify Approach

Your lawyer and your spouse’s lawyer will determine what the parties have in the way of assets and income using an informal “trust and verify” approach, rather than engaging in expensive legal procedures to obtain the information. Spouses are asked to disclose this information voluntarily and to verify it with documentation and tax returns.

3. Is the Process for You?

Would you benefit from:

a. A calmer, friendlier resolution of the issues of your divorce.

b. The possibility of friendship with your partner down the road.

c. Maintaining the best opportunity for co-parenting your children together.

d. Protecting your children from the harmful effects of litigating dispute-resolution between parents.

e. Maintaining a common circle of friends and extended family with your former spouse.

f. Keeping private your personal affairs and avoiding the details of your personal situation being available in the public court record.

g. Maintaining control of decision-making and not being forced to allow decisions about restructuring your financial and/or child-rearing arrangements to a stranger (i.e., a judge).

h. Offering creative self-styled solutions to your particular situation.

4. The Downside

The process is not for everyone, however. If you cannot commit yourself to resolving your differences fairly, (i.e. if you are determined to angrily vent and attack your spouse) this concept is not for you.

5. What Happens If A Settlement Cannot Be Reached?

If the parties are unable to reach a settlement through the collaborative process, the collaborative lawyers will withdraw from the case and the parties are free to retain trial attorneys to pursue the matter in court.

6. How Do Collaborative Lawyers Work?

Informal 4 – party meetings are held in the privacy of the collaborative lawyer’s office. The number one goal of the meeting is the future well being of you and your family. There is a complete, honest exchange of information.

Collaborative lawyers use creative problem-solving techniques to assist you in producing an agreement tailored to the needs of you and your family. Your spouse and his or her attorney are treated as part of a settlement team, not as adversaries.

Both attorneys are concerned about the collaborative law process, as well as the outcome.

Your collaborative lawyers are committed to finding ways to achieve a settlement that will work best in your case.

The basic philosophy of collaborative lawyers is to focus on a settlement rather than on preparation for a trial.

Your case will be settled without going to court or the collaborative lawyers must withdraw.

7. How to Start Your Collaborative Law Process

* First, talk with your spouse about the Collaborative Law Concept and refer them to our website or Brochure.

* Second, each of you will choose a collaborative lawyer.

* Third, meet with your collaborative lawyer to discuss the details of the collaborative law process in your situation.

* Fourth, both parties and their lawyers sign a collaborative agreement and will start the process.

* All parties and lawyers will attend the first collaborative meeting.

8. Summary

The Collaborative Law concept is new to Texas but has established itself as a viable alternative to divorce litigation around the country. Are you willing to attempt to avoid the litigious process of divorce and work towards a fair resolution of your divorce situation, consider the Collaborative Law resolution of your case?

Remember, the benefits of Collaborative Law include:

* AVOID COURT – Everyone can focus on a settlement without the constant threat of going to court.

* LESS COSTLY – This process is generally less time consuming and less costly than litigation.

* COOPERATIVE APPROACH – You are each supported and represented by your own lawyer, so you can confidently cooperate with your spouse in resolving your issues.

* CLIENT PARTICIPATION – You are a vital part of the settlement team: both parties and both attorneys.

* THE CLIENT IS IN CHARGE – The process is empowering, informative and is much less stressful than court because you are in control of the proceedings.

* COLLABORATIVE LAWYERS – Both parties have skilled family lawyers committed to the collaborative process so issues can be resolved fairly, without threat of court.

* IT WORKS! – The collaborative law process works when problem-solving is more important than fighting and you both want fair solutions.

Contact a San Antonio Collaborative Law Attorney

Divorce, Custody & Child Support | Criminal Law | Wills, Probate and Estates | Mediation and Arbritration

Family Law

The Law Offices of Ray Harris Adams, P.C. have handled numerous divorce matters over the years, both complex and simple. We are an experienced team of professionals working together to provide legal services in Family law which includes divorce, divorce mediation, custody, visitation, child support, spousal support, paternity, property division, adoption and termination of parental rights. We are here to help guide you through the legal process. We have the compassion and the intellectual expertise to deal with issues that can sometimes become emotional.

The Law Offices of Ray Harris Adams, P.C. specializes in providing the following Family Law services:

Pre-Nuptial and Post-Nuptial Agreements
Sole or Joint Custody Parenting Agreements
Uncontested Marital Dissolution
Contested Divorce
Establishment, Modification or Termination of:

– Child Custody
– Visitation
– Child Support
– Spousal Maintenance (Alimony)

Paternity Matters
Assistance with DES Child Support Proceedings
Enforcement Proceedings for:

– Divorce Decrees
– Child Support Arrearages
– Spousal Maintenance (Alimony) Arrearages

Juvenile Criminal and Dependency Matters
Domestication or Enforcement of Foreign Divorce Decrees
Adoptions (Interstate, Step-Parent and Parental)
Termination / Severance of Parental Rights
Guardianships (Child or Adult)
Conservatorships (Child or Adult)
Name Changes

If you or your family are in need of legal assistance, please contact The Law Offices of Ray Harris Adams, P.C. at (210) 492-7627.

To begin the process of legal consultation, please review and complete the following client questionnaires:

See also:

  • The Divorce Process
  • Division of Property
  • Division of Debt
  • Visitation Standard Possession Order

Client Forms and Questionnaires

Divorce, Custody & Child Support | Criminal Law | Wills, Probate and Estates | Mediation and Arbritration

Alternative Dispute Resolution

If you would like to speak with one of our representatives to receive additional information and to schedule a consultation, please contact The Law Offices of Ray Harris Adams, P.C. at (210) 492-7627.

To begin the process of legal consultation, please review and complete the following client questionnaires:

Client Forms and Questionnaires

Divorce, Custody & Child Support | Wills, Probate and Estates | Criminal Law | Mediation and Arbitration

Alternative Dispute Resolution

If you would like to speak with one of our representatives to receive additional information and to schedule a consultation, please contact The Law Offices of Ray Harris Adams, P.C. at (210) 492-7627.

To begin the process of legal consultation, please review and complete the following client questionnaires:

Client Forms and Questionnaires

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