What is a standard possession order?
This is a form the courts will use, at least as a starting point, regarding visitation. It specifies when each parent has possession of the child (and addresses other matters). As long as the parties can agree, variation from the standard order is permitted, but in the event of disagreement, the standard possession order governs. Sometimes the parties will create a modified possession order which differs from the standard possession order. This is generally to accommodate specific needs of the parties, such as when one frequently travels out of town, there are great distances between the parties, or other special issues exist.
The standard possession order is an order developed by the Texas Legislature which is legally presumed to be in the child’s best interests unless proven otherwise. The entire standard possession order can be found in the Texas Family Code ยง 153.311 et al. Many people may already be familiar with the standard possession order when they hear people say, “I have my son every 1st, 3rd and 5th weekend” or when someone may say, “My daughter is spending spring break with me this year”. The standard possession order, however, merely contains the provisions that apply when parents cannot agree on possession of the child. Parents can always decide to deviate from the standard possession order at anytime they mutually agree to do so.
