Texas Family Code - Section 153.312. Parents Who Reside 100 Miles Or Less Apart
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§ 153.312. PARENTS WHO RESIDE 100 MILES OR LESS
APART. (a) If the possessory conservator resides 100 miles or less
from the primary residence of the child, the possessory conservator
shall have the right to possession of the child as follows:
(1) on weekends beginning at 6 p.m. on the first,
third, and fifth Friday of each month and ending at 6 p.m. on the
following Sunday or, at the possessory conservator's election made
before or at the time of the rendition of the original or
modification order, and as specified in the original or
modification order, beginning at the time the child's school is
regularly dismissed and ending at 6 p.m. on the following Sunday;
and
(2) on Thursdays of each week during the regular
school term beginning at 6 p.m. and ending at 8 p.m., or, at the
possessory conservator's election made before or at the time of the
rendition of the original or modification order, and as specified
in the original or modification order, beginning at the time the
child's school is regularly dismissed and ending at the time the
child's school resumes, unless the court finds that visitation
under this subdivision is not in the best interest of the child.
(b) The following provisions govern possession of the child
for vacations and certain specific holidays and supersede
conflicting weekend or Thursday periods of possession. The
possessory conservator and the managing conservator shall have
rights of possession of the child as follows:
(1) the possessory conservator shall have possession
in even-numbered years, beginning at 6 p.m. on the day the child is
dismissed from school for the school's spring vacation and ending
at 6 p.m. on the day before school resumes after that vacation, and
the managing conservator shall have possession for the same period
in odd-numbered years;
(2) if a possessory conservator:
(A) gives the managing conservator written
notice by April 1 of each year specifying an extended period or
periods of summer possession, the possessory conservator shall have
possession of the child for 30 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each; or
(B) does not give the managing conservator
written notice by April 1 of each year specifying an extended period
or periods of summer possession, the possessory conservator shall
have possession of the child for 30 consecutive days beginning at 6
p.m. on July 1 and ending at 6 p.m. on July 31;
(3) if the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator shall have possession of the child on any one weekend
beginning Friday at 6 p.m. and ending at 6 p.m. on the following
Sunday during one period of possession by the possessory
conservator under Subdivision (2), provided that the managing
conservator picks up the child from the possessory conservator and
returns the child to that same place; and
(4) if the managing conservator gives the possessory
conservator written notice by April 15 of each year or gives the
possessory conservator 14 days' written notice on or after April 16
of each year, the managing conservator may designate one weekend
beginning not earlier than the day after the child's school is
dismissed for the summer vacation and ending not later than seven
days before school resumes at the end of the summer vacation, during
which an otherwise scheduled weekend period of possession by the
possessory conservator will not take place, provided that the
weekend designated does not interfere with the possessory
conservator's period or periods of extended summer possession or
with Father's Day if the possessory conservator is the father of the
child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 802, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 236, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1036, § 13, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 916, § 12, eff. June 18, 2005.
Section: 153.253 153.254 153.255 153.256 153.257 153.258 153.311 153.312 153.313 153.314 153.315 153.316 153.3161 153.317 153.371
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Last modified: August 10, 2007
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