Texas Exhibit Possession and Access Order Form
The Exhibit Possession and Access Order is a form that is used to state events such as holidays in which the children can see the spouse with who they do not live. The terms of the form must be agreed to by both spouses.
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Exhibit: Possession and Access (Visitation) Order Home parent is: (name): Warning! It is a crime to disobey this Order. If you tell the authorities that the other parent has violated this Order, and it is not true, you can go to jail and be fined u p to $10,000. Co-parent is: (name): The Court makes the following Orders: Visitation with the child/ren is as the parties agree in advance. Failing agreement, the following order will be enforced: 1. Co-Parent’s Local Schedule (When Co-Parent lives within 100 miles of the child/ren’) Starts (check one) Ends (check one) Responsibility for Pick up/ Delivery to start visit Responsibility for Pick up/ Delivery to end visit Weekends* 1st, 3rd, and 5 th weekend of each month See definition below . After school** 6 pm Next school day*** 6 pm Co-Parent Home Parent Co-Parent Home Parent Mid-Week Visit Thursday of each school week After school 6 pm School starts on Friday 8 pm Thanksgiving Odd-Numbered Years Starts last day of school before Thanksgiving and ends on Sunday. After school 6 pm 6 pm Christmas Break Even-Numbered Years Starts the last day of school before Christmas Break and ends December 28 th. After school 6 pm noon Christmas Break Odd-Numbered Years Starts on December 28 th and ends the day before school starts after Christmas Break. noon 6 pm Spring Break Even-Numbered Years Starts the last day of school before Spring Break and ends the day before school starts after Spring Break. After school 6 pm 6 pm Standard Summer July 1 st – July 31 st 6 pm 6 pm Different Summer Co-Parent must notify Home Parent of the dates. by April 1 . Co-Parent may choose a different 30-day summer schedule. The schedule must be: after school is dismissed for summer break, only 1 or 2 blocks of time, each at least 1 week long, and not during the last week of the summer break 6 pm 6 pm Children’s Birthdays If the Co-Parent does not have a scheduled visit with the child on the child’s birthday, the Co-Parent may be with the child and the other children in this case on the child’s birthday. 6 pm 8 pm The Co-Parent must pick up and return the child/ren. Father’s Day Child/ren will be with Dad on Father’s Day Weekend. The weekend starts Friday before Father’s Day and ends on Father’s Day. 6 pm 6 pm 8am , Mon. after Father’s Day Mother’s Day Child/ren will be with Mom on Mother’s Day Weekend. The weekend starts Friday before Mother’s Day and ends on Mother’s Day. After school 6 pm Next school day 6 pm *Weekend = begins on Friday at 6pm, and ends on Sunday at 6pm, except when: The box “After school**” is checked, then during the regular school year, the weekend begins at the time the child/ren’s school is dism issed before the 1 st, 3 rd, or 5 th weekend of each month The box “Next school day***” is c hecked, then during the regular sc hool year, the weekend ends at the time the child/ren’s school starts on the next school day after the 1 st, 3rd, or 5 th weekend of each month (if Co-Parent cannot return the children to school on time, s/he must notify the school and the other parent) 1 st, 3rd or 5 th weekend coincides with a student holiday or teacher’s in-service day or federal, state or local holiday that falls on a Monday, then the weekend begins on Friday at 6pm, and ends on Monday, at 6pm; if the holiday falls on a Friday, then the weekend begins on Thursday at 6 pm, and ends on Sunday at 6pm . If weekend or Thursday visit conflicts with holiday or summer schedule, you must follow the holiday or summer schedule. © Texas Partnership for Legal Access Visitation – Exhibit Possession and Access (Visitation) – Aug. 2009 Page 1 of 5 Texas Family Code Chapter 153, Subchapter F © Texas Partnership for Legal Access Visitation – Exhibit Possession and Access (Visitation) – Aug. 2009 Page 2 of 5 Texas Family Code Chapter 153, Subchapter F The child/ren are with the Home Parent at the times marked below and when they are not with the Co-Parent as indicated on page 1. 2. Home Parent’s Local Schedule (When Co-parent lives within 100 miles of the child/ren) Starts Ends Responsibility for Pick up/ Delivery to start visit Responsibility for Pick up/ Delivery to end visit Thanksgiving Even-Numbered Years Starts the last day of school before Thanksgiving and ends Sunday. N/A N/A N/A N/A Christmas Break Odd-Numbered Years Starts the last day of school before Christmas Break and ends December 28 th. N/A noon Christmas Break Even-Numbered Years Starts on December 28 th and ends the day before school starts after Christmas Break. noon N/A Spring Break Odd-Numbered Years Starts the last day of school before Spring Break and ends the day before school starts after Spring Break. N/A N/A Summer Home Parent must notify Co-Parent of the dates, in writing, by April 15 th , or give at least 14 days written notice of the dates, after April 15 th. The Home Parent may choose 21 days during the summer when the child/ren will stay with the Home Parent. The Home Parent’s schedule must be: Not during the last week of the summer break Not during days when the Co-Parent has a scheduled summer, or Father’s/Mother’s Day visitation. N/A N/A If the Co-Parent’s summer visitation is 31 days or more, the Home Parent may choose to have the children for two weekends during the Co- Parent’s summer visitation (or one weekend if the Co-Parent’s summer visitation is 30 days or less). The weekends: 6 pm 6 pm Summer Weekend Options Home Parent must notify Co-Parent of the dates, in writing, by April 15 th Cannot be consecutive weekends during the Co-Parent’s summer visi tation schedule Cannot interfere with the Co-Parent’s Father’s or Mother’s Day weekend Cannot be the last weekend of summer The Home Parent must pick up and return the child/ren. Children’s Birthdays If the Home-Parent does not have a scheduled visit with the child on the child’s birthday, the Home-Parent may be with the child and the other children in this case on the child’s birthday . 6 pm 8 pm Father’s Day Child/ren will be with Dad on Father’s Day Weekend. The weekend starts Friday before Father’s Day and ends on Father’s Day. N/A N/A Mother’s Day Child/ren will be with Mom on Mother’s Day Weekend. The weekend starts Friday before Mother’s Day and ends on Mother’s Day. N/A N/A © Texas Partnership for Legal Access Visitation – Exhibit Possession and Access (Visitation) – Aug. 2009 Page 3 of 5 Texas Family Code Chapter 153, Subchapter F 3. Co-Parent’s Long Distance Schedule (When Co-Parent lives more than 100 miles from the child/r e Starts Ends Responsibility for Pick up/ Delivery to start visit Responsibility for Pick up/ Delivery to end visit Weekends* 1st, 3rd, and 5 th weekend of each month A weekend starts Friday and ends Sunday. OR Any one weekend per month that the Co- Parent chooses. The Co-Parent must give the Home Parent at least 14 days notice (by phone or in writing), and the weekend cannot interfere with the holiday schedule . 6 pm 6 pm Co-Parent Home Parent Co-Parent Home Parent Thanksgiving Odd-Numbered Years Starts the last day of school before Thanksgiving and ends on Sunday. 6 pm 6 pm Christmas Break Even-Numbered Years Starts the last day of school before Christmas Break and ends December 28 th. 6 pm noon Christmas Break Odd-Numbered Years Starts on December 28 th and ends the day before school starts after Christmas Break . noon 6 pm Spring Break (Every year) Starts the last day of school before Spring Break and ends the day before school starts after Spring Break. 6 pm 6 pm Standard Summer June 15 th – July 27 th 6 pm 6 pm Different Summer Co-Parent must notify Home Parent of the dates. by April 1 . The Co-parent may choose a different 42-day summer schedule, but it must be: Only 1 or 2 blocks of time, each at least 1 week long, Not during the last week of the summer break 6 pm 6 pm Children’s Birthdays If the Co-Parent does not have a scheduled visit with the child on the child’s birthday, Co-Parent may be with the child and the other children in this case on the child’s birthday. 6 pm 8 pm The Co-Parent must pick up and return the child/ren. Father’s Day Child/ren will be with Dad on Father’s Day Weekend. The weekend starts Friday before Father’s Day and ends on Father’s Day. 6 pm 6 pm Mother’s Day Child/ren will be with Mom on Mother’s Day Weekend. The weekend starts the Friday before Mother’s Day and ends on Mother’s Day. 6 pm 6 pm *Weekend = begins on Friday at 6pm, and ends on Sunday at 6pm, except when: 1 st, 3rd or 5 th weekend coincides with a student holiday or teacher’s in-service day or federal, state or local holiday that falls on a Monday , then the weekend begins on Friday at 6pm, and ends on Monday, at 6pm; if the holiday falls on a Friday, then the weekend begins on Thursday at 6pm, and ends on Sunday at 6pm . If weekend or Thursday visit conflicts with holiday or su mmer schedule, you must follow the holiday or summer schedule. © Texas Partnership for Legal Access Visitation – Exhibit Possession and Access (Visitation) – Aug. 2009 Page 4 of 5 Texas Family Code Chapter 153, Subchapter F The child/ren are with the Home Parent at the times marked below and when they are not with the Co-Parent as indicated on page 3. 3. Home Parent’s Long Distance Schedule (When parents live more than 100 miles apart) Starts Ends Responsibility for Pick up/ Delivery to start visit Responsibility for Pick up/ Delivery to end visit Thanksgiving Even-numbered years Starts last day of school before Thanksgiving and ends Sunday. N/A N/A N/A N/A Christmas Break Odd-Numbered Years Starts the last day of school before Christmas Break and ends December 28 th. N/A noon N/A N/A Christmas Break Even-Numbered Years Starts on December 28 th and ends the day before school starts after Christmas Break. noon N/A N/A N/A The Home Parent may choose 21 days during the summer when the child/ren will stay with the Home Parent. 6 pm 6 pm Summer Home Parent must notify Co-Parent of the dates, in writing, by April 15 th , or give at least 14 days written notice of the dates, after April 15 th. The Home Parent’s schedule must be: Not during the last week of the summer break Not during days when the Co-Parent has a scheduled summer, or Father’s/Mother’s Day visitation. N/A N/A If the Co-Parent’s summer visitation is 31 days or more, the Home Parent may choose to have the children for two weekends during the Co-Parent ’s summer visitation (or one weekend if the Co-Parent’s summer visitation is 30 days or less). The weekends: 6 pm 6 pm Summer Weekend Options Home Parent must notify Co-Parent of the dates, in writing, by April 15 th Cannot be consecutive weekends during the Co-Parent’s summer visi tation schedule Cannot interfere with the Co-Parent’s Father’s or Mother’s Day weekend Cannot be the last weekend of summer The Home Parent must pick up and return the child/ren. Child/ren’s Birthdays If the Home-Parent does not have a scheduled visit with the child on the child’s birthday, Home- Parent may be with the child and the other children in this case on the child’s birthday. 6 pm 8 pm Father’s Day Child/ren will be with Dad on Father’s Day Weekend. The weekend starts Friday before Father’s Day and ends on Father’s Day. 6 pm 6 pm Mother’s Day Child/ren will be with Mom on Mother’s Day Weekend. The weekend starts Friday before Mother’s Day and ends on Mother’s Day. 6pm 6 pm © Texas Partnership for Legal Access Visitation – Exhibit Possession and Access (Visitation) – Aug. 2009 Page 5 of 5 Texas Family Code Chapter 153, Subchapter F 5. Warnings — Each person who is a party to this Order is or dered to notify every other party, the Court, and the state child support registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to the other party, the Court, and the state case registry on or before the 60 th day before the intended change. If the party does not know or could not have known of the change in sufficient time to give notice of the change to provide 60-\ days notice, the party is ordered to give notice of the change on or before the 5 th day after the date that the party knows of the change. The duty to furnish this information to every other party, the Court, and the state case registry continues as long as any person, by virtue of this Order, is under an obligation to pay child support or entitled to possession of or access to a child. Failure by a party to obey the Order of this Court to provide every other party, the Court, and the State case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of contempt m\ ay be punishable by confinement in jail for up to six months, a fine of up to $500 for each \ violation, and a money judgment for payment of attorney’s fees and court costs. Notice shall be given to every other party by delivering a copy of the notice to each party by registered or certified mail, return receipt requested. Notice shall be\ given to the Court and the State Case Registry by delivering a copy of the not ice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk. Failure to obey a court order for child support or for possession of or access to a child may result in further litigation to enforce this order, including contempt o\ f court. A finding of contempt may be punishable by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs. Failure of a party to make a child support payment to the place and in the manner required by a court order may result in the party’s not receiving credit for making the payment. Failure of a party to pay child support does not justify denying that party court-ordered possession of or access to a child. Refusal by a party to allow possession of or access to a child does not justify failure to pay court-ordered child support to that party. Important Notices: – If the Co-Parent cannot take the child/ren as scheduled, s/he must notify the other parent. – A competent adult may pick up or drop off the child/ren. But, the child/ren must not be left alone without an adult present. – The Co-Parent must notify the Home Parent, the school, and the Court within 5 days, or sooner, if s/he moves over 100 miles from the child/ren. Notice to any peace officer of the State of Texas : You may use reasonable efforts to enforce the terms of child custody specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitle d to the applicable immunity against any claim, civil or otherwise, regarding the officer’s good faith acts performed in the scope o f the officer’s duties in enforcing the terms of the order that relate to child custody. Any person who knowingly presents for l aw enforcement an order that is invalid or no longer in effect commits an offense that may be punishable by confinement in jail for as long as two years and a fine of as much as $10,000.
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