If you and your spouse are contemplating divorce, despite the fact that you are parents, Texas law allows the two of you to create your own custody order and parenting plan.
If you fail to agree on the provisions of this all-important document, however, TexasAccess.com advises that Texas law will impose its own default plan, called a Standard Possession Order. This plan sets forth in great detail the times during which the noncustodial parent will have visitation depending on whether you and your then-former spouse live fewer than or more than 100 miles from each other.
100 miles or fewer
In this situation, the NCP gets the children at the following times:
- Fridays at 6 p.m. to Sundays at 6 p.m. on the first, third and fifth weekends of each month
- Thursdays from 6 p.m. to 8 p.m. during the school year
- Extended visitation time during the children’s summer vacations
More than 100 miles
In this situation, the NCP’s visitation schedule proceeds as follows:
- Friday at 6 p.m. to Sunday at 6 p.m. one weekend each month
- Extended visitation time during the children’s summer vacations and spring breaks
- NCP can choose which weekend he or she prefers, but must advise the custodial parent of this decision at least 90 days prior to the first visitation
- NCP can change the weekend whenever needed or desired, but must advise the custodial parent of this change at least 14 days beforehand
Regardless of the number of miles between the residences of you and your former spouse, the NCP gets the children for Thanksgiving and the first half of their Christmas vacation in odd-numbered years. This holiday schedule reverses in even-numbered years.
