What Child Custody Schedule Should I Have in Texas?

 Posted on May 06, 2024 in Child Custody

Parents who get divorced in Texas need to follow a schedule for sharing physical custody, or possession, of their child. This schedule can either be decided by the parents or a judge. In either case, the court will issue a possession order that contains the schedule terms.

Choosing a possession schedule is a key component of the divorce process and affects everyone involved. The wrong timetable can foster resentment, cause distress to the child, and make it harder for the parties to adjust to a post-divorce life. It is important, therefore, to consult a child custody attorney regarding which schedule to choose.

Which Schedule Should I Choose?

A court will allow any custody arrangement as long as it is in the best interest of the child. If you and your spouse can agree on a schedule, you will need to submit it to the court. If the court approves, the judge will issue a possession order making your schedule legally binding.

If you and your spouse cannot agree on a schedule, however, or if you do not know which schedule to choose, the court will prescribe a schedule based on how far you live from your co-parent.

50 Miles or Less

If the parents live 50 miles apart or less, a judge will issue an extended standard possession order. In this order, the parent who does not have majority possession of the child — referred to as the non-custodial parent — has the following schedule:

• He or she has possession of the child on the first, third, and fifth weekends of each month. The non-custodial parent picks up the child when school ends on Friday and brings the child back to school on Monday. If there is no school, the parent’s possession time starts at 6 PM on Friday and ends at 6 PM on Sunday.

• During the school year, the non-custodial parent also has possession of the child every Thursday. The child is picked up when school lets out on Thursday and is returned when school resumes on Friday morning.

51 Miles to 100 Miles

If the parents live between 50 miles to 100 miles apart, the judge will issue a standard possession order. This is similar to the extended standard possession order above, except that:

• By default, pickup time for the weekend begins at 6 PM on Friday and dropoff is at 6 PM on Sunday, even during the school year.

• Pickup on Thursdays is at 6 PM and dropoff is 8 PM the same day.

Over 100 Miles

If the parents live more than 100 miles apart, the non-custodial parent can choose between having possession of the child on the first, third, and fifth weekends each month, or any one weekend a month that he or she prefers. The parent also has possession of the child every spring break and for 42 days of summer vacation.

Contact a Bexar County, TX Child Custody Lawyer

Deciding on a possession schedule should be done with care and, ideally, by both parents. It should also be done with guidance from an experienced San Antonio, Texas child custody attorney. At Brandon Wong & Associates, we are not only well-versed in scheduling and possession orders, but we will also advise you on what would be best for your particular situation and your particular child. Call 210-201-3832 for a consultation today.