With the start of school around the corner, many individuals ask what a typical possession schedule looks like in Texas. For children three and older, the Texas legislature created the Standard Possession Order for when parents cannot come to an agreement regarding visitation time with the child. During the process of deciding what your possession schedule will look like, the non-custodial parent can choose between the “default” or “election” option.

Beginning September 1, 2021, the Texas Legislature issued some new updates to the Texas Family Code, including the terms of the visitation schedule for a non-custodial parent. Let us explain the key difference between having a Standard Possession Order with or without elections.

Visitation Schedule During the School Year

• Thursdays:
• Elections: Pickup at 6 p.m. on Thursday to 8 p.m. on the same day.
• Default: Pickup is when school is dismissed on Thursday, and drop-off is when school resumes on Friday.
• Weekends – 1st, 3rd, and 5th Fridays each month:
• Elections: Pickup from 6 p.m. Friday and drop-off 6 p.m. Sunday.
• Default: Pickup is when school is dismissed for the weekend, and drop-off is when school resumes after the weekend during the school term. Pickup is on Friday at 6 p.m. when school is not in session, and drop-off is on Sunday at 6 p.m.
• Weekends Followed by Student Holidays or Teacher In-Service Day on Monday:
• Elections: Drop off at 6 p.m. on Monday.
• Default: Drop off at 8 a.m. on Tuesday.
• Weekends Extended by Student Holiday or Teacher In-Service Day on a Friday:
• Election: Pickup at 6 p.m. on Thursday.
• Default: Pickup at the time school is dismissed on Thursday.

Other Important Dates to Keep in Mind:

Additionally, pick-up and drop-off times for spring break, Thanksgiving break, and Christmas break are different each year for children who are in school. So, keep in mind whether the year is even (2024) or odd (2025) to know when you’ll have your visitation with your child(ren).

Why a New Default Schedule?

As you can see, the Default Standard Possession Order was created to give the non-custodial parent more time with the child, including more overnight visits. The change in the law on September 1, 2021, automatically gives the non-custodial parent who resides 50 miles or less from the custodial parent’s residence this new default visitation schedule unless one has chosen to have the Elections.

The schedule also varies for parents who reside more than 50 miles to 100 miles or less apart and for parents who reside more than 100 miles apart.

Have a Question?

Contact our talented team of attorneys if you have any questions about the schedule. They would be happy to discuss this visitation schedule or other schedules that work better for you and your situation. You can contact us by filling out the bottom right widget or calling 281-466-2305.