Custody

If the possessory conservator lives 50 miles or less away from the primary residence of the child, the possessory conservator will usually have the right to possession of the child for the following times in addition to the times given to a parent who lives within 100 miles:

1. on weekends during the regular school term, beginning when school is regularly dismissed and ending when school starts after the weekend;
2. on Thursdays of each week during the regular school term, beginning when school is regularly dismissed and ending when school starts on Friday;
3. for spring vacation in even-numbered years, beginning when school is dismissed;
4. for Christmas vacation in even-numbered years, beginning when school is dismissed for the holiday;
5. for Thanksgiving vacation in odd-numbered years, beginning when school is dismissed for the holiday;
6. for Father’s Day, if the possessory conservator is the father, beginning at 6 p.m. the Friday before and ending at 8 a.m. the Monday after the holiday;
7. for Mother’s Day, if the possessory conservator is the mother, beginning when school is dismissed the Friday before and ending when school starts the Monday after the holiday;
8. for weekends that are extended by a holiday or teacher in-service day that falls on a Friday, beginning when school is dismissed on Thursday; and
9. for weekends that are extended by a holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. on Tuesdays.¹

Note: Regarding numbers six and seven, above, the law doesn’t address a situation in which a child has two mothers or two fathers. If this is your situation, you may want to talk to a lawyer for advice.

These nine additional times, listed above, for a possessory conservator who lives within 50 miles will not be added to the order, however, if any of the following apply:

• the possessory conservator declines one or more of the additional times either orally in front of the judge or in a written document filed with the court;
• the judge denies or limits the possessory conservator’s time with the child because it is in the child’s best interest; or
• the judge decides that any of the additional times are not in the child’s best interests because:
  
  • the distances between the parents’ homes make it unworkable or inappropriate considering the parents’ circumstances or where the parents live;
  • the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child before the custody case was filed; or
  • any other reason exists that the judge considers relevant.²

¹ Tex. Fam. Code § 153.3171(a)
² Tex. Fam. Code § 153.3171(b)