Texas Extended Standard Possession Order

The Court finds that the following provisions of this Extended Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that each conservator shall comply with all terms and conditions of this Extended Standard Possession Order. IT IS ORDERED that this Extended Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Extended  Standard Possession Order. IT IS, THEREFORE, ORDERED:

(a) Definitions

1. In this Extended Standard Possession Order "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

2. In this Extended Standard Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

(b) Mutual Agreement or Specified Terms for Possession

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Extended Standard Possession Order.

(c) Parents Who Reside 100 Miles or Less Apart

Except as otherwise explicitly provided in this Extended Standard Possession Order, when Father resides 100 miles or less from the primary residence of the child, Father shall have the right to possession of the child as follows:

1. Weekends -

On weekends that occur during the regular school term, beginning at the time the child's school is regularly dismissed, on the first, third, and fifth Friday of each month and ending at the time the child's school resumes after the weekend.

On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2. Weekend Possession Extended by a Holiday - Except as otherwise explicitly provided in this Extended Standard Possession Order, if a weekend period of possession by Father begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

3. Thursdays - On Thursday of each week during the regular school term, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes on Friday.

4. Spring Break in Even-Numbered Years - In even-numbered years, beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

5. Extended Summer Possession by Father -

With Written Notice by April 1 - If Father gives Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Father shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1 - If Father does not give Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Father shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Father, it is explicitly ORDERED that Mother shall have a superior right of possession of the child as follows:

1. Spring Break in Odd-Numbered Years - In odd-numbered years, beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

2. Summer Weekend Possession by Mother - If Mother gives Father written notice by April 15 of a year, Mother shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Father in that year, provided that Mother picks up the child from Father and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

3. Extended Summer Possession by Mother - If Mother gives Father written notice by April 15 of a year or gives Father fourteen days' written notice on or after April 16 of a year, Mother may designate one weekend beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Father shall not take place in that year, provided that the weekend so designated does not interfere with Father's period or periods of extended summer possession or with Father's Day Weekend.

(d) Parents Who Reside More Than 100 Miles Apart

Except as otherwise explicitly provided in this Extended Standard Possession Order, when Father resides more than 100 miles from the residence of the child, Father shall have the right to possession of the child as follows:

1. Weekends - Unless Father elects the alternative period of weekend possession described in the next paragraph, Father shall have the right to possession of the child on weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise explicitly provided in this Extended Standard Possession Order, if such a weekend period of possession by Father begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, Father shall have the right to possession of the child not more than one weekend per month of Father's choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Except as otherwise explicitly provided in this Extended Standard Possession Order, if such a weekend period of possession by Father begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable. Father may elect an option for this alternative period of weekend possession by giving written notice to Mother within ninety days after the parties begin to reside more than 100 miles apart. If Father makes this election, Father shall give Mother fourteen days' written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, and Mother's Day Weekend below.

2. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

3. Extended Summer Possession by Father -

With Written Notice by April 1 - If Father gives Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Father shall have possession of the child for forty-two days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1 - If Father does not give Mother written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Father shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

Notwithstanding the weekend periods of possession ORDERED for Father, it is explicitly ORDERED that Mother shall have a superior right of possession of the child as follows:

1. Summer Weekend Possession by Mother - If Mother gives Father written notice by April 15 of a year, Mother shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Father during Father's extended summer possession in that year, provided that if a period of possession by Father in that year exceeds thirty days, Mother may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Mother picks up the child from Father and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

2. Extended Summer Possession by Mother - If Mother gives Father written notice by April 15 of a year, Mother may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, during which Father shall not have possession of the child, provided that the period or periods so designated do not interfere with Father's period or periods of extended summer possession or with Father's Day Weekend.

(e) Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of possession of Father, Mother and Father shall have the right to possession of the child as follows:

1. Christmas Holidays in Even-Numbered Years - In even-numbered years, Father shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Mother shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

2. Christmas Holidays in Odd-Numbered Years - In odd-numbered years, Mother shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Father shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, Father shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

4. Thanksgiving in Even-Numbered Years - In even-numbered years, Mother shall have the right to possession of the child beginning at the time the child's school is regularly dismissed on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

5. Child's Birthday - If a parent is not otherwise entitled under this Extended Standard Possession Order to present possession of the child on the child's birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that parent picks up the child from the other parent's residence and returns the child to that same place.

6. Father's Day Weekend - Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 8:00 a.m. the Monday after Father's Day, provided that if Father is not otherwise entitled under this Extended Standard Possession Order to present possession of the child, he shall pick up the child from Mother's residence and return the child to that same place.

7. Mother's Day Weekend - Mother shall have the right to possession of the child each year, beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day and ending at the time the child's school resumes after Mother's Day, provided that if Mother is not otherwise entitled under this Extended Standard Possession Order to present possession of the child, she shall pick up the child from Father's residence and return the child to that same place.

(f) Undesignated Periods of Possession

Mother shall have the right of possession of the child at all other times not specifically designated in this Extended Standard Possession Order for Father.

(g) General Terms and Conditions

Except as otherwise explicitly provided in this Extended Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

1. Surrender of Child by Mother - Mother is ORDERED to surrender the child to Father at the beginning of each period of Father's possession at the residence of Mother.

If a period of possession by Father begins at the time the child's school is regularly dismissed, Mother is ORDERED to surrender the child to Father at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, Father shall pick up the child at the residence of Mother at 6:00 p.m., and Mother is ORDERED to surrender the child to Father at the residence of Mother at 6:00 p.m. under these circumstances.

2. Surrender of Child by Father - Father is ORDERED to surrender the child to Mother at the residence of Father at the end of each period of possession.

If a period of possession by Father ends at the time the child's school resumes, Father is ORDERED to surrender the child to Mother at the end of each such period of possession at the school in which the child is enrolled or, if the child is not in school, at the residence of Mother at 6:00 p.m.

3. Surrender of Child by Father - Father is ORDERED to surrender the child to Mother, if the child is in Father's possession or subject to Father's control, at the beginning of each period of Mother's exclusive periods of possession, at the place designated in this Extended Standard Possession Order.

4. Return of Child by Mother - Mother is ORDERED to return the child to Father, if Father is entitled to possession of the child, at the end of each of Mother's exclusive periods of possession, at the place designated in this Extended Standard Possession Order.

5. Personal Effects - Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

6. Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.

8. Written Notice - Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.

9. Notice to School and Mother - If Father's time of possession of the child ends at the time school resumes and for any reason the child is not or will not be returned to school, Father shall immediately notify the school and Mother that the child will not be or has not been returned to school.

This concludes the Extended Standard Possession Order.

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