A Standard Possession Order (SPO) sets the schedule for each parent’s time with the child. Christina Jimenez and Joshua Floyd of The Jimenez Law Firm explain in several videos how a SPO works. In Part One, they explain Weekday and Weekend Possession in less than 100 miles. The attorneys explain a complex issue in an easy to understand way for parents that need the assistance during a difficult time in their lives.
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At 0:15 – Due to the complexity of the issue, we’re going to break down the standard possession order. This will only discuss weekday and weekend possession.
At 0:47 – Standard possession order is a schedule that is set on the family court and is believed to be in the best interest of any child over three. If the child is under three, it is a completely different issue that we will touch upon later.
At 1:06 – When you’re talking about within 100 miles, it’s just when the parents live within 100 miles or less from one another
At 1:18 – There are possessory conservators and managing conservators when talking about visitation and residence.
At 1:28 – When we’re talking about managing conservators, we’re talking about the person who has the right to decide where the child is.
At 1:31 – The possessory conservator is the one who is getting visitation.
At 1:50 – For regular standard visitation, the possessory conservator gets visitation from 6-8 pm on Thursdays when school is in session. This is only during the school year, not during the summer.
At 2:26 – On the weekends, the possessory conservator gets visitation the first, third, and fifth Fridays beginning at 6 pm and ending the following Sunday at 6 pm
At 2:52 – It’s recommended that clients pull the academic calendar because sometimes the holidays will affect the weekends and will impact holiday possession. Use this when trying to figure out when you’re supposed to have your child.
At 4:02 – Depending on how the months and weekends fall, it could be possible that the possessory conservator gets visitation two weekends in a row. This happens when there are five Fridays in a month because the first Friday will be the beginning of the next month.
At 4:04 – It’s important to always look at the Fridays and not the weekend itself.
At 4:44 – When attorneys refer to 1st, 3rd, and 5th weekends they are referring to Fridays even if they don’t specify Friday. It is always a Friday. This can sometimes cause confusion.
At 5:42 – When a school holiday falls on a Friday, it can impact the possessory conservator’s visitation. It is extended by the holiday. Rather than start their weekend of possession Friday at 6 pm, they’ll start Thursday at 6 pm.
At 6:08 – If there is a holiday on a Monday, possession is also extended by the holiday. Visitation will end Monday at 6 pm rather than Sunday at 6 pm. So, the possessory conservator would get the kids Thursday at 6 pm and would not have to bring them back until Monday at 6 pm.
At 7:09 – If there is a holiday on a Friday, but not on a Monday, the possessory conservator would get the child Thursday at 6 pm and return the child Sunday at 6 pm.
At 7:16 – If there is only a Monday off, the possessory conservator would pick up Friday at 6 pm and return the child Monday at 6 pm.
At 8:20 – Standard possession with elections must be made before the court ordering the possession.
At 9:20 – Standard possession with elections can expand a possessory conservator’s visitation. It’s important to remember that Thursdays are still considered weekday possession and Fridays are weekend possession.
At 9:38 – With standard possession with elections, there are two alternate beginning and ending times. Instead of picking up at 6 pm Thursday, the possessory conservator would pick up after school on Thursday. The child’s visitation would end when the parent brings the child to school the following Friday morning.
At 10:14 – The alternative beginning and ending time are the possessory conservator’s options. They can ask for some and reject some.
At 10:24 – If the possessory conservatory makes the elections, it’s still only during the school year.
At 11:02 – When talking about weekend possession and elections, instead of picking up the child Friday at 6 pm, the possessory conservator will pick up the child after school Friday.
At 11:31 – The child will be returned to school the following Monday instead of going back home Sunday at 6 pm.
At 12:02 – When it comes to holidays with special elections, the possessory conservator can pick up after school on Thursday instead of Thursday at 6 pm when there is a holiday on a Friday.
At 12:45 – If there is a student holiday on a Friday, the possessory conservator can pick up the child Thursday after school and not return the child until Sunday at 6 pm. If no special election was made, the possessory conservator wouldn’t pick up the child until Thursday at 6 pm and would keep the child until Sunday at 6 pm.
At 13:42 – If Monday is a holiday and there is an extended election, the possessory conservator would return Monday at 6 pm.
At 14:26 – Weekend possession does not get extended during the summer if there are special elections.
At 14:40 – During the summer, Thursday visitation would go away, and weekend visitation would be the 1st, 3rd, and 5th Fridays at 6 pm and last until Sundays at 6 pm. Summer gets a little complicated when it comes to visitation. We’ll visit this in detail later.
At 15:11 – We’re going to do more videos to talk about holidays, summer, and spring breaks, and visitation.
At 15:30 – If you’re dealing with these issues, the best thing to do is hire a good family lawyer so they can guide you in the right direction.