The Texas standard possession order calendar in 2023 gives noncustodial parents possession on the first, third, and fifth weekends of the month, alternating holidays, and one month in the summer. This schedule may also include Thursday nights if both parents live near enough to each other to make this practical.
Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer.
One frequently-used option is the 4-3 schedule, where the child spends four days a week with one parent and three days with the other. The 2-2-5-5 schedule is also used by many families. The child spends two days with each parent, then five days with each parent. Then the cycle repeats.
Kids stay with the custodial parent in odd-numbered years during spring break. In even-numbered years, the non-custodial parent gets the kids for spring break. So in 2023, the custodial parent, or possessory conservator, gets the kids.
The most common 50/50 possession schedules in Tarrant County, Texas include: Every other week: Child spends one week with mom, one week with dad, repeat. Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
Texas law provides no official formula to lower child support from the guideline amount when parents follow a 50/50 possession schedule and incur the children's basic expenses in each of their households more equally than they would under the Standard Possession Order.
The Texas standard possession order calendar in 2023 gives noncustodial parents possession on the first, third, and fifth weekends of the month, alternating holidays, and one month in the summer. This schedule may also include Thursday nights if both parents live near enough to each other to make this practical.
The presumption in Texas is the Standard Possession Order. For parents who live within 100 miles of each other, the noncustodial parent has visitation: • First, third and fifth weekends of every month. Thursday evenings of each week. Alternating holidays (such as Thanksgiving every other year).
2-2-3 Custody Schedule
Other parents choose to have a 2/2/3 custody schedule, where one parent has possession on Monday and Tuesday (2 days), the other parent has possession Wednesday and Thursday (2 days), and they alternate weekend visitations for Friday, Saturday, and Sunday (3 days).
The legal arrangement is generally that the non-custodial parent will have possession of the child on the first, third, and fifth weekends and every Thursday night. Vacations, holidays, and birthdays alternate between the parents.
Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child. Child's relationship with siblings or other family members (and how that would be impacted by the judge's decision)
While it is possible for one parent to win full custody of the children after a divorce, it is usually an uphill climb, legally. Texas courts begin every custody case with the presumption that it's always better for the divorced parents to share custody in a joint managing conservatorship.
In a Rule 11 agreement, you and the other parent can agree about things such as how medical, psychological, and educational decisions are made. This also includes determining where your child will live and which parent will be considered the custodial parent. See Texas Family Code chapter 153.
Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution. Here's what to consider when negotiating child custody.
The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks. However, some more uncommon arrangements also exist, like alternating custody every two weeks.
This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. They will not automatically be granted their preferred custody arrangement as the court still must rule in their best decision.
Senate Bill 1936, also called the “equal parenting” or “shared parenting bill,” allows the non-custodial parent to possess the child more than 40 percent of the time (Prior to the bill, non-custodial parents had the child only 20 to 24 percent of the time.)
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...
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 6:00 p.m. on Father's Day, provided that if Father is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall ...
The Court may work with both parents to agree about primary physical custody and a visitation schedule with the non-custodial parent. If the parties and their attorneys cannot agree, a judge will decide with the entry of a court order. Such Orders are binding and enforceable but may be modified.
The Texas Family Code
The way a Texas Family Law judge views visitation orders is that although a child may not want to visit the other parent, visitation is not optional for the child.
Parental rights can only be terminated by court order in Texas. A signed voluntary relinquishment or waiver of interest, or even a failure to file with the paternity registry, is not enough to forever end parental rights. A judge must sign a court order to end those rights forever.
The Answer: 12 Years Old & Over
So, when can a child choose which parent to live with in Texas? The law allows the judge to interview a child that is 12 years of age or older concerning custody.
A father would need to gather evidence and present documentation that there is a history of physical abuse, emotional abuse, sexual abuse, violence, neglect, or another intentional form of misbehavior by the other parent against the child. There is a time restriction, however.
In Texas, a TRO lasts for 14 days or until your temporary orders hearing, whichever is first. But what about after the hearing? If a set of temporary orders worked for all family members, then the court might choose to turn the temporary order into a permanent or final order to finalize the divorce.