2024 Expanded Standard Possession Calendar Sample
How much time will you be spending with your child is a primary concern for most people facing divorce, or separation from the other parent. In fact, fear of missing time with children is a leading reason people often choose to stay in broken relationships. However, it is reassuring for many parents to realize that most parenting schedules will provide on average about a 40-60 split of time, with the non-primary parent having about 40% of the time with their children. Also, many parents these days are opting for an equal split of time, with parents choosing a schedule such as a week-on/week-off schedule. While there are as many variations to parenting time schedules as there are families, it is nevertheless important to know what the “default” parenting calendar order is and how it works.
The purpose of this article is to discuss the Standard Possession Order that applies in Texas cases, as this is usually the starting place from which many parents begin their negotiations.
Understanding how this calendar works is an important step to navigating shared custody after divorce and/or parental separation. It is also important to know that while the Standard Possession Order is presumed to be in the best interest of the children, there are lots of ways in which this parenting schedule can be modified to adapt to the unique needs of your family, whether that’s by agreement of the parents or order of the court.
Stepping into the world of child custody can feel overwhelming. The 2024 Expanded Possession Calendar is a tool specifically crafted to simplify life for divorced or separated parents in Texas.
This 2024 Expanded Possession Calendar provides a clear and organized schedule, helping parents to manage time and responsibilities effectively, reducing potential disputes and promoting the best interests of the child.
Understanding the Basics of Expanded Possession Calendar in Texas
The Expanded Possession Calendar serves as a schedule that outlines when each parent has the right to spend time with their child. This calendar aims to ensure that children have consistent and meaningful contact with both parents, despite the circumstances of the divorce or separation.
Parents can change the terms by agreement
The first thing to know about the Standard Possession Order is that the parents can always agree to change the terms by agreement. To ensure there are no misunderstandings, any agreement to vary the terms of the Standard Possession Order should be in writing and approved by both parties. This allows the parents to make changes based on the parent or child’s schedule without having to have a formal Order in place to change the schedule. This allows parents to be flexible with each other, making accommodations for the child’s activities or the parent’s schedule.
The school calendar is important to the Standard Possession Order
The next thing to know is that “school” is defined as the elementary or secondary school in which the child is enrolled. If your child has not reached school age, then the schedule will follow the school calendar for the public school district in which the child primarily resides. The school calendar is important to the Standard Possession Order, as it will dictate the holiday and summer schedules.
The calendar is structured around school schedules, holidays, and weekends, making it easier for parents and children to plan their time together. It provides a clear, visual representation of the custody schedule, reducing the potential for misunderstandings.
Commonly Used Terms for the Texas Standard Possession Calendar
Custodial Parent or Managing Conservator (referred to herein as CP).
These terms are used to refer to the parent who has the exclusive right to designate the primary residence of the children. This parent will have slightly more time with the children under the Standard Possession Order.
Non Custodial Parent or Possessory Conservator (referred to herein as NCP).
This is a term used to refer to the other parent who does not have the exclusive right to designate the primary residence of the children.
Here is an overview of the possession schedule for parents who live within 50 miles of each other. There are many details to the Standard Possession Order, and this overview does not address all the nuances, so it is important to actually read the actual language in the Decree or Order that governs your case.
However, we believe it is beneficial for parents to have a basic overview of the Order, so we have simplified it for the purposes of this article. It is important to note that if the parents live farther apart than 50 miles, there are variations to the Standard Possession Order (which are not covered in this article).
- Weekend Possession During the School Year- The NCP will have the children on the 1st, 3rd and 5th weekends of the month, generally beginning at the time school is dismissed on Fridays and ending at the time school resumes on Mondays. The beginning and ending times may change if there is a school holiday. (Weekends are determined by Fridays, so this applies to the 1st, 3rd and 5th Fridays of the month).
- Thursdays During the School Year – The NCP will have the children every Thursday during the school year, generally beginning at the time school is dismissed on Thursdays and ending at the time school resumes on Fridays.
- Summer Possession for the NCP – The NCP will have the 1st, 3rd and 5th Weekends beginning at 6 pm and ending at 6 pm. Also, the NCP will have 30 days during the summer, with the right to designate the 30 days by April 1. If no designation, then the default summer possession is July 1 through July 31.
- Holidays – The only holidays that are covered by the Standard Possession Order are Thanksgiving, Christmas/New Year’s, Spring Break, Father’s Day and Mother’s Day. The NCP will have possession as follows:
- Thanksgiving (Odd Years) – Beginning at the time the child’s school is dismissed for the Thanksgiving break and ending at 6 pm on the Sunday following Thanksgiving.
- Christmas Break Part 1 (Even Years) – Beginning at the time the child’s school is dismissed for the Christmas break and ending at Noon on December 28th.
- Christmas Break Part 2 (Odd Years) – Beginning at Noon on December 28th and ending at 6 pm on the day before school resumes following the Christmas Break.
- Spring Break (Even Years) – Beginning at the time school is dismissed for Spring Break and ending at 6 pm on the day before school resumes following Spring Break.
- Father’s Day OR Mother’s Day – Beginning at 6 pm (or the time school is dismissed) and ending at 8 am on the Monday following the parent’s day (or at the time school resumes).
The Custodial Parent then has possession of the child at all times not designated for the PC, with the following additional time carved out for the Custodial Parent:
- Summer Possession for the CP – The CP will have the right to designate one of the NCP’s regular 1st, 3rd or 5th weekends (which gives the CP an extended period of summer possession). Also, the CP will have the right to designate one weekend during the NCP’s 30 day period of possession.
- Holidays – The CP will have possession as follows:
- Thanksgiving (Even Years) – Beginning at the time the child’s school is dismissed for the Thanksgiving break and ending at 6 pm on the Sunday following Thanksgiving.
- Christmas Break Part 1 (Odd Years) – Beginning at the time the child’s school is dismissed for the Christmas break and ending at Noon on December 28th.
- Christmas Break Part 2 (Even Years) – Beginning at Noon on December 28th and ending at 6 pm on the day before school resumes following the Christmas Break.
- Spring Break (Odd Years) – Beginning at the time school is dismissed for Spring Break and ending at 6 pm on the day before school resumes following Spring Break.
- Father’s Day OR Mother’s Day – Beginning at 6 pm (or the time school is dismissed) and ending at 8 am on the Monday following the parent’s day (or at the time school resumes).
The Standard Possession Order also provides general terms and conditions for picking up and dropping off the child at the beginning or ending of possession periods. When school is in session, many of the exchanges will occur at school thereby minimizing parental interaction. However, during the holidays and summers, parents will need to drop off/pick up at each other’s homes.
Customized Provisions for the Expanded Possession Calendar
The Texas Family Code anticipates that one possession calendar will not fit all families. That is why parents have wide latitude in negotiating the terms of their possession calendar to structure the possession calendar to fit their unique situation. Judges also can vary from the statutory Possession Calendar to address unique family situations.
For example, if a parent works in the emergency services field, such as an EMT, firefighter or police officer, their work schedule often does not fit within the parenting time calendar. Therefore, parents can structure the possession schedule so that the parent working shifts can have time with their children when they are not on call.
Likewise, there are many provisions that parents negotiate or courts order that are in addition to the standard provisions including the following:
- Other Holidays: Many parents who have religious holidays they want to celebrate with their children will include provisions for those religious holidays (e.g., Easter, Rosh Hashanah, Ramadan, Diwali).
- Right of First Refusal: If a parent who has possession of the children is going to be gone for a period of time, then the other parent will have the right to care for the children in that parent’s absence. These provisions can be tricky, and need to be drafted with care so as to not become overly intrusive.
- Children’s Activities: If a parent is unable to take the child to a scheduled activity, then the other parent may be given the right to take the child if he or she is available.
Differences between the Standard and Expanded Possession Calendar
In previous years, the Standard Possession Order as set forth in the Texas Family Code provided less overnight options than the expanded version of the Standard Possession Order. However, this was changed in 2021, such that the Standard Possession Order now includes many of the extra overnights for the non-custodial parent when the parents live within 50 miles of each other. Whether you have an old version of the SPO or the updated version of the SPO will depend upon when your case was filed, and whether you were following the expanded version or not.
Ultimately, the Standard Possession Order is intended to provide parents with substantial parenting time with their child(ren). It is presumed to be in the best interest of the child.
However, not all possession orders follow the Standard Possession Order. Judges may vary the Standard Possession Order based on the needs of the child, the work schedules and availability of the parents, and the overall best interest of the child. Also, parents may agree to an order that varies significantly from the Standard Possession Order, whether they are following a fifty-fifty parenting time schedule, or have made other adjustments such as doing a week-on/week-off schedule in the summers. Therefore, if you already have a possession order in place, it is important that you follow the specific terms of your possession order.
Tips for Adapting to the 2024 Expanded Possession Calendar
Parties to a divorce can spend a lot of time negotiating and working through the terms of a possession order. However, we find that the parents who are best at co-parenting will end up throwing that possession order in the drawer, and will follow their own schedule based on the agreement of the parties and the needs of the child. Nevertheless, the possession order provides a framework for times when there is not an agreement regarding possession. That is why it is important to understand how the possession order works.
Here are a few tips for getting the most from your scheduled time with your children:
- Communicate openly with your ex-partner about the schedule. It is helpful if you have a family platform you can use for communication, such as a shared Google calendar or a web based application like Our Family Wizard.
- Plan activities in advance to make the most of your time with your child. Stay on top of events that your child is interested in attending, such as extra curricular activities or birthday parties of friends. If you can’t take the child to an event that is important to him or her, ask the other coparent if they are willing to help (but remember they have the right to say no).
- Be flexible—unforeseen circumstances can arise, requiring changes to the schedule. If you need to travel for work, or attend an event, give the other parent plenty of notice if they want to care for your child during your absence. Alternatively, be prepared to make your own child care arrangements.
- Keep a positive attitude. Your child will pick up on your emotions, so try to approach the schedule with optimism.
- Avoid tit for tat. It’s too easy to make decisions based on how you feel like the other parent is treating you. However, keep your decisions based on what is best for your child. Allowing a little extra time for the child to attend a family gathering, or giving grace when the other parent is running late, set the tone for how you want to coparent. Even if the other parent is not reciprocating right away, doing right by your child is always the right thing to do.
The 2024 Expanded Possession Calendar is a valuable tool in navigating child custody arrangements. By understanding its structure, adapting to its changes, and using it to enhance your relationship with your child, you can turn a challenging situation into an opportunity for growth and connection.
Benefits of Using a Possession Calendar
The 2024 Expanded Possession Calendar is not just a tool for scheduling—it’s also a means to enhance the parent-child connection. With additional time and flexibility, parents have more opportunities to engage in meaningful activities with their child, creating lasting memories and strengthening their bond. By following the schedule, parents can ensure their child benefits from consistent contact with both parents, fostering a sense of stability and security that is crucial for their development.
To navigate these complex custody schedules and ensure the best outcome for your child, consider reaching out to Hargrave Family Law. Our team of dedicated professionals is here to guide you through every step of the process, prioritizing your child’s best interests.
