STANDARD POSSESSION ORDERIn this Order, "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. In this Order, "PARENT 1" refers to the parent with whom the child does not primarily reside. In this Order, "PARENT 2" refers to the parent with whom the parent primarily resides. Note: The parties may have possession of the child at times mutually agreed to in advance by the parties. In the absence of mutual agreement, the parties shall have possession under the terms of this Order. PARENT 1'S Possession:PARENT 1 shall have the right to possession of the child as follows:1. Weekends. From the time school recesses on the first, third, and fifth Fridays of each month throughout the year until the time school resumes on the immediately following Monday. If school is not in session or the child will not be attending for any reason on such Friday, this period of possession shall begin at 4:00 p.m. on Friday. If school is not in session or the child will not be attending for any reason on such Monday, this period of possession shall end at 7:00 a.m. on Monday. 2. Weekend Possession Extended by a Friday Holiday. Except as otherwise explicitly provided in this Possession Order, if a weekend period of possession by PARENT 1 begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday. 3. Weekend Possession Extended by a Monday Holiday. Except as otherwise explicitly provided in this Possession Order, if a weekend period of possession by PARENT 1 ends on or is immediately followed by a Monday that is a school holiday during the regular school term or a federal, state, or local holiday 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 holiday or school holiday. 4. Thursdays. On Thursday of each week during the regular school term, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes on Friday. If school is not in session or the child will not be attending for any reason on such Thursday, this period of possession shall begin at 4:00 p.m. on Thursday. If school is not in session or the child will not be attending for any reason on such Friday, this period of possession shall end at 7:00 a.m. on Friday. 5. Spring Break in Even-Numbered Years. In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 6. Extended Summer Possession by PARENT 1. With Written Notice by April 1 - If PARENT 1 gives PARENT 2 written notice by April 1st of a year specifying an extended period or periods of summer possession for that year, PARENT 1 shall have possession of the child for thirty days beginning no earlier than the day after the child'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. These periods of possession shall begin and end at 6:00 p.m. Without Written Notice by April 1 - If PARENT 1 does not give PARENT 2 written notice by April 1st of a year specifying an extended period or periods of summer possession for that year, PARENT 1 shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1st and ending at 6:00 p.m. on July 31st. 7. Child's Birthday. If PARENT 1 is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, PARENT 1 shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that PARENT 1 picks up the child from PARENT 2's residence and returns the child to that same place. 8. Other Times. At all other times mutually agreed upon in advance by PARENT 2 and PARENT 1. PARENT 2's Possession: PARENT 2 shall have the right of possession of the child at all other times not specifically designated in this Possession Order for PARENT 1, and notwithstanding PARENT 1's weekend and Thursday periods of possession, PARENT 2 shall have a superior right of possession of the child as follows: 1. Spring Break in Odd-Numbered Years. In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 2. Summer Weekend Possession by PARENT 2. If PARENT 2 gives PARENT 1 written notice by May 1 of a year, PARENT 2 shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by PARENT 1 in that year, provided PARENT 2 picks up the child from PARENT 1 and returns the child to that same place. 3. Extended Summer Possession by PARENT 2. If PARENT 2 gives PARENT 1 written notice by April 15th of a year or gives PARENT 1 fourteen (14) days written notice on or after April 15th of a year, PARENT 2 may designate one weekend beginning no earlier than the day after the child'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, during which an otherwise scheduled weekend period of possession by PARENT 1 shall not take place in that year, provided that the weekend so designated does not interfere with PARENT 1's period or periods of extended summer possession or with Father's Day Weekend. 4. Child's Birthday. If PARENT 2 is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, PARENT 2 shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that PARENT 2 picks up the child from PARENT 1's residence and returns the child to that same place. Other Holiday Periods of Possession: Mother's Day Weekend. Mother shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if she is not otherwise entitled under this Possession Order to present possession of the child, she shall pick up the child from Father's residence and return the child to that same place. Father's Day Weekend. Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if he is not otherwise entitled under this Possession Order to present possession of the child, he shall pick up the child from Mother's residence and return the child to that same place. 2. Christmas Holidays PARENT 1: In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28th. In odd-numbered years, beginning at 12:00 noon on December 28th, and ending at 6:00 p.m. on the day before the child's school resumes after that Christmas school vacation. PARENT 2: In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28th. In even-numbered years, beginning at 12:00 noon on December 28th, and ending at 6:00 p.m. on the day before the child's school resumes after that Christmas school vacation. 2. Thanksgiving PARENT 1: In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. PARENT 2: In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. General Terms and Conditions. Except as otherwise explicitly provided in this Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows: 1. Surrender / Return of Child. If a period of possession begins at the time school is dismissed, the parent who is entitled to possession shall pick up the child from the child's school at the beginning of each such period of possession. If a period of possession ends at the time school resumes, the parent whose period of possession is ending shall deliver the child to the child's school at the end of each such period of possession. If a period of possession does not begin at the time school is dismissed, or the child is not attending school on such date: a) PARENT 2 shall surrender the child to PARENT 1 at the beginning of each period of PARENT 1's possession at the residence of PARENT 2; and b) PARENT 1 shall return the child to the residence of PARENT 2 at the end of each period of possession. However, if PARENT 2 and PARENT 1 live in the same county at the time of rendition of this Order, and PARENT 1's county of residence remains the same after rendition of this order, and PARENT 2's county of residence changes, effective on the date of the change of residence by PARENT 2, PARENT 1 shall surrender the child to PARENT 2 at the residence of PARENT 1 at the end of each period of possession. With reference to PARENT 2's supercedes periods of possession. PARENT 1 shall surrender the child to PARENT 2, if the child is in PARENT 1's possession or subject to PARENT 1's control, at the beginning of each period of PARENT 2's supercedes periods of possession, at the place designated in this Possession Order; and PARENT 2 shall return the child to PARENT 1, if PARENT 1 is entitled to possession of the child, at the end of PARENT 2's exclusive periods of possession, at the place designated in this Possession Order. 2. Personal Effects. Each conservator shall return with the child the personal effects that the child brought at the beginning of possession. 3. Designation of Competent Adult. Each conservator may designate any competent adult to pick up and return the child, as applicable. A conservator or a designated competent adult shall be present when the child is picked up or returned. 4. Inability to Exercise Possession. Each conservator shall give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period. 5. Written Notice. Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due. |
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