Tex.
Fam. Code Section 153.317
Alternative Beginning and Ending Possession Times
(a)
If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart), and 153.315 (Weekend Possession Extended by Holiday) to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child:(1)
for weekend periods of possession under Section 153.312(a)(1) during the regular school term:(A)
beginning at the time the child’s school is regularly dismissed;(B)
ending at the time the child’s school resumes after the weekend; or(C)
beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);(2)
for Thursday periods of possession under Section 153.312(a)(2):(A)
beginning at the time the child’s school is regularly dismissed;(B)
ending at the time the child’s school resumes on Friday; or(C)
beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);(3)
for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child’s school is dismissed for those vacations;(4)
for Christmas school vacation periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart)(1), beginning at the time the child’s school is dismissed for the vacation;(5)
for Thanksgiving holiday periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart)(3), beginning at the time the child’s school is dismissed for the holiday;(6)
for Father’s Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart)(5), ending at 8 a.m. on the Monday after Father’s Day weekend;(7)
for Mother’s Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart)(6):(A)
beginning at the time the child’s school is regularly dismissed on the Friday preceding Mother’s Day;(B)
ending at the time the child’s school resumes after Mother’s Day; or(C)
beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);(8)
for weekend periods of possession that are extended under Section 153.315 (Weekend Possession Extended by Holiday)(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child’s school is regularly dismissed on Thursday; or(9)
for weekend periods of possession that are extended under Section 153.315 (Weekend Possession Extended by Holiday)(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday.(b)
A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. The election may be made:(1)
in a written document filed with the court; or(2)
through an oral statement made in open court on the record.(a)
Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart), and 153.315 (Weekend Possession Extended by Holiday) to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317 (Alternative Beginning and Ending Possession Times)(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9).(a)
Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart), and 153.315 (Weekend Possession Extended by Holiday) to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317 (Alternative Beginning and Ending Possession Times)(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), and (8).(b)
Subsection (a) does not apply if:(1)
the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record;(2)
the court is denying, restricting, or limiting the possessory conservator’s possession of or access to the child in the best interest of the child under Section 153.004 (History of Domestic Violence or Sexual Abuse); or(3)
the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including:(A)
because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside;(B)
because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or(C)
for any other reason the court considers relevant.(c)
On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section.
Source:
Section 153.317 — Alternative Beginning and Ending Possession Times, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#153.317 (accessed Nov. 25, 2023).
