Hello, everyone. Welcome to the month of October 2022 and the discussion of the Texas Standard Possession Order. This is a pretty normal month, but we do have a holiday weekend here that may affect some of you, so we’ll discuss that below.
If you are watching the video, custodial parents are going to be the blue days, and non-custodial parents are going to be the yellow days. There will be four Thursdays this month – Thursday, October 6th, October 13th, October 20th, and October 27th.
In terms of the weekends, there is a 1st and a 3rd Friday this month. There is not a 5th Friday. However, a reminder, if you have not watched last month’s video, the 30th is the 5th Friday of September, making it a non-custodial weekend. The 7th is the first Friday of this month, therefore, there will be a back-to-back possession for the non-custodial parent from September into October.
In addition to the weekends and Thursdays, you are going to have Columbus Day. If Columbus Day is a federal holiday for your children at school, and it may be I’m sorry, I’m not up to date on my Columbus Day holiday, but if your child is out of school for Columbus Day, then the non-custodial parent’s weekend is going to be extended. That is the paragraph in your order that talks about a weekend extended by a holiday, in this case, a federal holiday.
So, if the non-custodial parent would have returned at 6 pm on Sunday, they’re going to return at 6 pm on Monday instead. If it’s a return to school transfer, then obviously it would be returning to school on Tuesday. If for some reason your child is not on holiday on October 10th for Columbus Day or Indigenous Peoples Day, then it would just be a standard weekend, which would be Friday at 6 pm to Sunday at 6 pm, if that’s your pickup and return, or if you’re a return to school person, it would be returning to school Monday morning.
I hear you saying, “But Chris, my kids aren’t old enough to be in school?” All right, look at the school district calendar where your kids would go to school if they were in school. And that’s what determines what the holidays are. So, if you are in Lewisville and your kid would be in Lewisville ISD, if they were going to school, then that’s what you use. It’s just the public school calendar for where your kid would go to school. So, there’s no argument of “my kid’s not in school, therefore, this doesn’t apply.” That doesn’t work.
Halloween is at the end of the month – that is not typically something that’s in a standard possession order. It could be in your possession order, but it is not a standard thing. If it’s not delineated in your decree as to who gets what, then it’s just going to belong to the custodial parent this year.
All right, so that’s October. Again, nothing too special, a pretty standard 1st and 3rd Fridays this month, 2nd and 4th for the custodial parent. As we know, Thursdays continue during the school term. And then, of course, we have the weekend extended by a holiday. So if that applies in your child’s situation via their school calendar, then that will extend the weekend for the non-custodial parent until Monday at 6 or return to school Tuesday if that’s your transfer provision in your order.
I will talk to you in November.
I was born in Dallas and spent the majority of my life here. I moved to Denver in the middle of the first grade and moved back to Plano in the middle of the eleventh grade. I graduated from Plano Senior High in 1984 and then attended Richland College and the University of North Texas where a received a Bachelor of Business Administration. From there I attended the Texas Tech University School of Law and was licensed to practice law in May of 1993.