Form 56-17

The following form is a sample order for possession of children in a situation in which one parent has primary possession of one child and the other parent has primary possession of the other child. The provisions, which are to be included in a decree or order in a suit affecting the parent-child relation­ship, may be adapted as appropriate.

Possession Order

[Split Conservatorship]

IT IS ORDERED that nothing in this order shall supersede any term of any protective order or condition of bond, probation, or parole.

IT IS ORDERED that each party shall comply with all terms and condi­tions of this Possession Order. IT IS ORDERED that this Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Possession Order.

IT IS THEREFORE ORDERED:

1.Definition
§§ 101.028, 153.3101

Definition

In this order “school” means the elementary or secondary school in which a child is enrolled or, if a child is not enrolled in an elementary or sec­ondary school, the public school district in which the child primarily resides.

2.Mutual Agreement or Specified Terms
§ 153.311

Mutual Agreement or Specified Terms for Possession

IT IS ORDERED that [name of parent A] shall have possession of [name of child A] at all times not specifically set aside for [name of parent B] and as set out elsewhere in this order. IT IS ORDERED that [name of parent B] shall have possession of [name of child B] at all times not specifically set aside for [name of parent A] and as set out elsewhere in this order. IT IS ORDERED that each parent shall have possession of the children at any and all times mutually agreed to in advance by the parties and, in the absence of mutual agreement, IT IS ORDERED that each party, beginning immediately on the signing of this order, shall have possession of the children under the specified terms set out in this order. IT IS THEREFORE ORDERED:

3.Periods of Possession

Periods of Possession

3.A.Weekends, Tuesdays, and Wednesdays

Except as otherwise expressly provided in this order, each party shall have the right to possession of the children as follows:

1.Weekends—

On weekends that occur during the regular school term, [name of parent A] shall have possession of the children beginning at [6:00 p.m./the time the children’s school is regularly dismissed] on the first and third Friday of each month and ending at [6:00 p.m. on the following Sunday/the time school resumes after the weekend], and [name of parent B] shall have possession of the children beginning at [6:00 p.m./the time the children’s school is regularly dismissed] on the second and fourth Friday of each month and ending at [6:00 p.m. on the following Sunday/the time school resumes after the weekend].

On weekends that do not occur during the regular school term, [name of parent A] shall have possession of the children beginning at 6:00 p.m. on the first and third Friday of each month and ending at 6:00 p.m. on the following Sunday, and [name of parent B] shall have possession of the children beginning at 6:00 p.m. on the second and fourth Friday of each month and ending at 6:00 p.m. on the following Sunday.

In each month containing five Fridays, on weekends that occur during the regular school term, [name of parent A] shall have possession of [name of child B] beginning at [6:00 p.m./the time the child’s school is regularly dis­missed] on the fifth Friday and ending at [6:00 p.m. on the following Sunday/the time school resumes after the weekend], and [name of parent B] shall have possession of [name of child A] beginning at [6:00 p.m./the time the child’s school is regularly dismissed] on the fifth Friday and ending at [6:00 p.m. on the following Sunday/the time school resumes after the weekend].

In each month containing five Fridays, on weekends that do not occur during the regular school term, [name of parent A] shall have possession of [name of child B] beginning at 6:00 p.m. on the fifth Friday and ending at 6:00 p.m. on the following Sunday, and [name of parent B] shall have possession of [name of child A] beginning at 6:00 p.m. on the fifth Friday and ending at 6:00 p.m. on the following Sunday.

2.Weekend Possession Extended by a Student Holiday or Teacher In-Service Day—Except as otherwise expressly provided in this order, if a week­end period of possession by a parent begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as deter­mined by the school in which the children are enrolled, that weekend period of possession shall begin at [6:00 p.m./the time the children’s school is regularly dismissed] on the immediately preceding Thursday.

Except as otherwise expressly provided in this order, if a weekend period of possession by a parent ends on or is immediately followed by a stu­dent holiday or a teacher in-service day that falls on a Monday during the regu­lar school term, as determined by the school in which the children are enrolled, that weekend period of possession shall end at [6:00 p.m. on that Monday/8:00 a.m. on Tuesday].

3.Weekend Possession Extended by a Summer Holiday—Except as otherwise expressly provided in this order, if a weekend period of possession by a parent begins on a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday.

Except as otherwise expressly provided in this order, if a weekend period of possession by a parent ends on or is immediately followed by a fed­eral, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday.

4.Tuesdays—[Name of parent A] shall have possession of the chil­dren on Tuesday of each week during the regular school term, beginning at [6:00 p.m./the time the children’s school is regularly dismissed] and ending at [8:00 p.m./the time school resumes on Wednesday].

5.Wednesdays—[Name of parent B] shall have possession of the chil­dren on Wednesday of each week during the regular school term, beginning at [6:00 p.m./the time the children’s school is regularly dismissed] and ending at [8:00 p.m./the time school resumes on Thursday].

3.B.Other Specified Periods

Notwithstanding the weekend, Tuesday, and Wednesday periods of pos­session provided above, [name of parent A] and [name of parent B] shall have the right to possession of the children as follows:

1.First Part of Christmas Holidays—[Name of parent A] shall have possession of the children in even-numbered years, beginning at [6:00 p.m. on the day the children are dismissed from school/the time the children’s school is dismissed] for the Christmas school vacation and ending at noon on December 28. [Name of parent B] shall have possession of the children in odd-numbered years, beginning at [6:00 p.m. on the day the children are dismissed from school/the time the children’s school is dismissed] for the Christmas school vacation and ending at noon on December 28.

2.Last Part of Christmas Holidays—[Name of parent A] shall have possession of the children in odd-numbered years, beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. [Name of parent B] shall have possession of the children in even-numbered years, beginning at noon on December 28 and end­ing at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

3.Thanksgiving—[Name of parent A] shall have possession of the children in odd-numbered years, beginning at [6:00 p.m. on the day the chil­dren are dismissed from school/the time the children’s school is dismissed] before Thanksgiving and ending at 6:00 p.m. on the Sunday following Thanks­giving. [Name of parent B] shall have possession of the children in even-num­bered years, beginning at [6:00 p.m. on the day the children are dismissed from school/the time the children’s school is dismissed] before Thanksgiving and ending at 6:00 p.m. on the Sunday following Thanksgiving.

4.Spring Vacation—[Name of parent A] shall have possession of the children in even-numbered years, beginning at [6:00 p.m. on the day the chil­dren are dismissed from school/the time the children’s school is dismissed] for the school’s spring vacation and ending at 6:00 p.m. on the day before the chil­dren’s school resumes after that vacation. [Name of parent B] shall have pos­session of the children in odd-numbered years, beginning at [6:00 p.m. on the day the children are dismissed from school/the time the children’s school is dismissed] for the school’s spring vacation and ending at 6:00 p.m. on the day before the children’s school resumes after that vacation.

5.Child’s Birthday—If a parent is not otherwise entitled under this order to present possession of a child on the child’s birthday, the parent not in possession of the child shall have possession of the child [include if desired: and the child’s minor sibling[s]] beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that the parent not in possession of the child picks up the child from the other parent’s residence and returns the child to that same place.

6.Father’s Day—[Name of father] shall have possession of the chil­dren for Father’s Day, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at [6:00 p.m. on/8:00 a.m on the Monday after] Father’s Day, provided that if he is not otherwise entitled under this order to present posses­sion of a child, he shall pick up that child from [name of mother]’s residence and return the child to that same place.

7.Mother’s Day—[Name of mother] shall have possession of the chil­dren for Mother’s Day, beginning at [6:00 p.m./the time the children’s school is regularly dismissed] on the Friday preceding Mother’s Day and ending at [6:00 p.m. on/the time the children’s school resumes after] Mother’s Day, provided that if she is not otherwise entitled under this order to present possession of a child, she shall pick up that child from [name of father]’s residence and return the child to that same place.

3.B.1.Extended Summer Possession—Specified 30-Day Periods

8.Extended Summer Possession—

In even-numbered years, [name of parent A] shall have possession of the children for thirty days [state beginning and ending dates, ensuring, if appro­priate, that the dates do not include Father’s Day possession]. This period of possession shall begin and end at 6:00 p.m.

In even-numbered years, [name of parent B] shall have possession of the children for thirty days [state beginning and ending dates that do not conflict with parent A’s period of extended summer possession, ensuring, if appropri­ate, that the dates do not include Father’s Day possession]. This period of pos­session shall begin and end at 6:00 p.m.

In odd-numbered years, [name of parent B] shall have possession of the children for thirty days [state beginning and ending dates, ensuring, if appro­priate, that the dates do not include Father’s Day possession]. This period of possession shall begin and end at 6:00 p.m.

In odd-numbered years, [name of parent A] shall have possession of the children for thirty days [state beginning and ending dates that do not conflict with parent A’s periods of extended summer possession, ensuring, if appropri­ate, that the dates do not include Father’s Day possession]. This period of pos­session shall begin and end at 6:00 p.m.

3.B.2.Extended Summer Possession—Choice of Dates for 21-Day Periods

8.Extended Summer Possession in Even-Numbered Years—

With Written Notice by [name of parent A] by April 1—In even-
numbered years, if [name of parent A] gives [name of parent B] written notice by April 1 of a year specifying an extended period or periods of summer pos­session for that year, [name of parent A] shall have possession of the children for twenty-one days beginning no earlier than the day after the children’s school is dismissed for the summer vacation and ending no later than twenty-eight days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice [include if applicable: , provided that the period or periods of extended summer possession do not interfere with Father’s Day possession]. These periods of possession shall begin and end at 6:00 p.m. 

Without Written Notice by [name of parent A] by April 1—In even-
numbered years, if [name of parent A] does not give [name of parent B] written notice by April 1 of that year specifying an extended period or periods of sum­mer possession for that year, [name of parent A] shall have possession of the children for twenty-one consecutive days in that year beginning at 6:00 p.m. on June 22 and ending at 6:00 p.m. on July 13.

With Written Notice by [name of parent B] by May 1—In even-
numbered years, if [name of parent B] gives [name of parent A] written notice by May 1 of a year specifying an extended period or periods of summer pos­session for that year, [name of parent B] shall have possession of the children for twenty-one days beginning no earlier than the day after the children’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods do not conflict with the period or periods of extended summer possession by [name of parent A] for that year [include if applicable: or with Father’s Day possession]. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by [name of parent B] by May 1—In even-
numbered years, if [name of parent B] does not give [name of parent A] written notice by May 1 of that year specifying an extended period or periods of sum­mer possession for that year, [name of parent B] shall have possession of the children for twenty-one consecutive days in that year beginning at 6:00 p.m. on July 13 and ending at 6:00 p.m. on August 3. If [name of parent A] has desig­nated days within this twenty-one-day period as part of [name of parent A]’s period or periods of extended summer possession of the children, [name of par­ent B]’s extended period of summer possession shall begin at 6:00 p.m. on the last day designated by [name of parent A] and shall end at 6:00 p.m. twenty-one days later.

9.Extended Summer Possession in Odd-Numbered Years—

With Written Notice by [name of parent B] by April 1—In odd-
numbered years, if [name of parent B] gives [name of parent A] written notice by April 1 of a year specifying an extended period or periods of summer pos­session for that year, [name of parent B] shall have possession of the children for twenty-one days beginning no earlier than the day after the children’s school is dismissed for the summer vacation and ending no later than twenty-eight days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice [include if applicable: , provided that the period or periods of extended summer possession do not interfere with Father’s Day possession]. These periods of possession shall begin and end at 6:00 p.m. 

Without Written Notice by [name of parent B] by April 1—In odd-
numbered years, if [name of parent B] does not give [name of parent A] written notice by April 1 of that year specifying an extended period or periods of sum­mer possession for that year, [name of parent B] shall have possession of the children for twenty-one consecutive days in that year beginning at 6:00 p.m. on June 22 and ending at 6:00 p.m. on July 13.

With Written Notice by [name of parent A] by May 1—In odd-
numbered years, if [name of parent A] gives [name of parent B] written notice by May 1 of a year specifying an extended period or periods of summer pos­session for that year, [name of parent A] shall have possession of the children for twenty-one days beginning no earlier than the day after the children’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods do not conflict with the period or periods of extended summer possession by [name of parent B] for that year [include if applicable: or with Father’s Day possession]. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by [name of parent A] by May 1—In odd-
numbered years, if [name of parent A] does not give [name of parent B] written notice by May 1 of that year specifying an extended period or periods of sum­mer possession for that year, [name of parent A] shall have possession of the children for twenty-one consecutive days in that year beginning at 6:00 p.m. on July 13 and ending at 6:00 p.m. on August 3. If [name of parent B] has desig­nated days within this twenty-one-day period as part of [name of parent B]’s period or periods of extended summer possession of the children, [name of par­ent A]’s extended period of summer possession shall begin at 6:00 p.m. on the last day designated by [name of parent B] and shall end at 6:00 p.m. twenty-one days later.

4.General Terms and Conditions

General Terms and Conditions

Except as otherwise expressly provided in this order, IT IS ORDERED AND DECREED that the terms and conditions of possession of the child[ren] are as follows:

1.Surrender of [name of child A] by [name of parent A]—[Name of parent A] is ORDERED to surrender [name of child A] to [name of parent B] at the beginning of each period of [name of parent B]’s possession at the resi­dence of [name of parent A]. [Include the following if applicable: If a period of possession by [name of parent B] begins at the time the child’s school is regu­larly dismissed, [name of parent A] is ORDERED to surrender [name of child A] to [name of parent B] at the beginning of each such period of possession at the school in which the child is enrolled, and [name of parent B] is ORDERED to pick up [name of child A] at the child’s school at the time the child’s school is regularly dismissed. If the child is not in school, [name of parent B] shall pick up the child at the residence of [name of parent A] at [time], and [name of parent A] is ORDERED to surrender [name of child A] to [name of parent B] at the residence of [name of parent A] at [time] under these circumstances.]

2.Surrender of [name of child B] by [name of parent B]—[Name of parent B] is ORDERED to surrender [name of child B] to [name of parent A] at the beginning of each period of [name of parent A]’s possession at the resi­dence of [name of parent B]. [Include the following if applicable: If a period of possession by [name of parent A] begins at the time the child’s school is regu­larly dismissed, [name of parent B] is ORDERED to surrender [name of child B] to [name of parent A] at the beginning of each such period of possession at the school in which the child is enrolled, and [name of parent A] is ORDERED to pick up [name of child B] at the child’s school at the time the child’s school is regularly dismissed. If the child is not in school, [name of parent A] shall pick up the child at the residence of [name of parent B] at [time], and [name of parent B] is ORDERED to surrender [name of child B] to [name of parent A] at the residence of [name of parent B] at [time] under these circumstances.]

3.Return of [name of child A] by [name of parent B]—[Name of parent B] is ORDERED to return [name of child A] to the residence of [name of parent A] at the end of each period of possession. However, it is ORDERED that, if [name of parent A] and [name of parent B] live in the same county at the time of rendition of this order, [name of parent B]’s county of residence remains the same after the rendition of this order, and [name of parent A]’s county of resi­dence changes, effective on the date of the change of residence by [name of parent A], [name of parent B] shall surrender [name of child A] to [name of par­ent A] at the residence of [name of parent B] at the end of each period of pos­session.

If a period of possession by [name of parent B] ends at the time [name of child A]’s school resumes, [name of parent B] is ORDERED to surrender [name of child A] to [name of parent A] at the end of each period of possession at the school in which the child is enrolled, and [name of parent B] is ORDERED to deliver [name of child A] to the child’s school on or before the time the child’s school day regularly begins, or, if the child is not in school, [name of parent B] is ORDERED to surrender [name of child A] to [name of parent A] at the residence of [name of parent A] at the end of each period of possession.

4.Return of [name of child B] by [name of parent A]—[Name of par­ent A] is ORDERED to return [name of child B] to the residence of [name of parent B] at the end of each period of possession. However, it is ORDERED that, if [name of parent B] and [name of parent A] live in the same county at the time of rendition of this order, [name of parent A]’s county of residence remains the same after the rendition of this order, and [name of parent B]’s county of residence changes, effective on the date of the change of residence by [name of parent B], [name of parent A] shall surrender [name of child B] to [name of parent B] at the residence of [name of parent A] at the end of each period of possession.

If a period of possession by [name of parent A] ends at the time [name of child B]’s school resumes, [name of parent A] is ORDERED to surrender [name of child B] to [name of parent B] at the end of each period of possession at the school in which the child is enrolled, and [name of parent A] is ORDERED to deliver [name of child B] to the child’s school on or before the time the child’s school day regularly begins, or, if the child is not in school, [name of parent A] is ORDERED to surrender [name of child B] to [name of parent B] at the residence of [name of parent B] at the end of each period of possession.

5.Surrender of [name of child A] by [name of parent B]—[Name of parent B] is ORDERED to surrender [name of child A] to [name of parent A], if the child is in [name of parent B]’s possession or subject to [name of parent B]’s control, at the beginning of each period of [name of parent A]’s exclusive periods of possession, at the place designated in this order.

6.Surrender of [name of child B] by [name of parent A]—[Name of parent A] is ORDERED to surrender [name of child B] to [name of parent B], if the child is in [name of parent A]’s possession or subject to [name of parent A]’s control, at the beginning of each period of [name of parent B]’s exclusive periods of possession, at the place designated in this order.

7.Return of [name of child A] by [name of parent A]—[Name of par­ent A] is ORDERED to return [name of child A] to [name of parent B], if [name of parent B] is entitled to possession of [name of child A], at the end of each of [name of parent A]’s exclusive periods of possession, at the place designated in this order.

8.Return of [name of child B] by [name of parent B]—[Name of parent B] is ORDERED to return [name of child B] to [name of parent A], if [name of parent A] is entitled to possession of [name of child B], at the end of each of [name of parent B]’s exclusive periods of possession, at the place designated in this order.

9.Personal Effects—Each parent is ORDERED to return with a child the personal effects that the child brought at the beginning of the period of pos­session.

10.Designation of Competent Adult—Each parent may designate any competent adult to pick up and return a child, as applicable. IT IS ORDERED that a parent or a designated competent adult be present when a child is picked up or returned.

11.Inability to Exercise Possession—Each parent is ORDERED to give notice to the other parent in possession of a child on each occasion that the parent will be unable to exercise that parent’s right of possession for any spec­ified period. Repeated failure of a parent to give notice of an inability to exer­cise possessory rights may be considered as a factor in a modification of those possessory rights.

12.Written Notice—Written notice, including notice provided by elec­tronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due. Each con­servator is ORDERED to notify the other conservator of any change in the conservator’s electronic mail address or facsimile number within twenty-four hours after the change.

13.Notice to School and Other Parent—If a parent’s time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the parent in possession of the child is ORDERED to immediately notify the school and the other parent that the child will not be or has not been returned to school.