Texas - Statutes : Minimum “visitation” time with the NCP in Texas


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Minimum “visitation” time with the NCP in Texas (Effective September 1,
1997):


In general, refer to Chapter 153 of the Texas Family Code.  The
guidelines apply to children age 3 or older.  Except in two or three
jurisdictions, most judges seem apply these same guidelines to younger
children.


The minimum “visitation” schedule, first passed in 1989, is a rebuttable
presumption:


Sec. 153.252.  Rebuttable Presumption.
In a suit, there is a rebuttable presumption that the standard
possession order in Subchapter F:
              (1) provides reasonable minimum possession of a child for
a parent named as a possessory conservator or joint managing
conservator; and
              (2) is in the best interest of the child.


The “visiting” parent is allowed to choose certain options “... made
before or at the time of the rendition of the original or modification
order” which expand his/her time with the child, including starting the
“visitation” period when school is out and taking the child back to
school at the end of the “visitation” period.  The Chair of the Juvenile
Justice and Family Issues Committee (House) stated that the options
passed in 1997 expand the “visiting” parent’s time to approximately 42%
of the time with the child.


Generally speaking, if the “visiting” parent chooses the available
options, the minimum “visitation” order will provide for the following:


· 1st - 3rd - 5th weekends from the time school is out on Friday until
the time school begins on Monday.  If Friday is a school holiday, the
period begins when school is out on Thursday; if Monday is a school
holiday, the period ends when school goes in on Tuesday.
 
· Every Wednesday from the time school is out until it begins the next
morning (Thursday).
 
· 30 Days in the summer.
 
· Alternating holidays.
 
· Christmas is split on December 26th at noon.  One parent will have the
first part of Christmas vacation one year and the other parent will have
the first part of Christmas vacation the next year.
 
· Fathers have Father’s Day weekend; mothers have Mother’s Day weekend.
 
· The parent not in possession of the child has 2 hours with the child
on the child’s birthday.


This is not the complete schedule, but highlights the main sections.


Slightly different rules apply if the parents live more than 100 miles
apart.


Weekend defined:


A “weekend” is defined Friday.  If Friday is on the 31st, than that
weekend is the last weekend of the month.  


Using 1997 as an example:


· The weekend of January 31 (Friday) and February 1 & 2 (Saturday &
Sunday) is the last weekend in January.  		         
The first weekend in February is February 7-8-9
(Friday-Saturday-Sunday).
 
· February 27 & 28 (Friday and Saturday) and March 1 (Sunday) is the
last weekend in February.  (Friday is on February 27 and is the deciding
day.)
 
· The weekend beginning with July 31 (Friday) is the last weekend in
July. 				      		         
The weekend beginning with August 7 (Friday) is the first weekend in
August.
 
· Etc.