As normal, the non-managing conservator under the standard possession order will have a period of extended summer possession (30-42 days). The managing conservator can request a period during that extended time when they can visit with the child. However, the managing conservator must pick up the child(ren) from the possessory conservator and return the child to the possessory conservator.
Now under the new notice requirement of HB 553, the possessory conservator must now also give the managing conservator 15 days written notice of where they can pick up the child. The new law says:
"153.312(C) Parents Who Reside 100 Miles or Less Apart-
(c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during with the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child."
So for example, John and Mary are the parent of Joseph. They live less than 100 miles apart. Mary is the "managing conservator" because Joseph lives primarily with her and John is the "possessory conservator" because he has regular visits with Joseph. They have a standard possession order for visits which means that in addition to his weekend visits and certain holidays, John has a 30 day period during the summer break when Joseph will be with him. Normally this will be the month of July (unless John picks a different 30 days and sends written notice to Mary by April 1).
Thirty consecutive days without seeing a parent is considered a long time by some and may be difficult for the child to go that long. So under the Standard Possession Order, if Mary gives John written notice by April 15, she can pick up Joseph for one weekend- HOWEVER, it is SHE who must pick up AND drop off from John- not necessarily at his house, but where ever he happens to be. What this means is that if Mary wants her summer weekend, she must be willing to travel wherever John is with Joseph over the summer to pick up Joseph on Friday and drop off him off again on Sunday at that same location . What if John and Joseph are on a camping trip at Yosimite? Yup, that means Mary must pick up Joseph at Yosimite and return him to Yosimite if she wants her weekend visit.
Apparently there has been a change in the law to attempt to fix a problems that comes up with this. What if John refuses to tell Mary where he will be during his 30 days with Joseph? Former he was not required to. If he doesn't however, that effectively prevents Mary from exercising her right to a weekend visit. With this new law, the Texas Legislature has plugged this gap in the SPO order by adding a requirement of John that if Mary sends him timely written notice that she wants a weekend during John's extended summer visit with Joseph, then John must now give Mary 15 days written notice prior to Mary's weekend of where he intends to be with Joseph during that weekend. This will allow Mary to make arrangements to pick up Joseph for her weekend.
I think the requirement is necessary to protect the managing conservator's right , but I also see how it puts a burden on the possessory conservator. What if John and Joseph are just traveling in an RV and don't have a set agenda, and want to visit a different city than originally planned, or are delayed from arriving at a certain place due to weather or other event out of their control, or what if John just changes his mind about the trip?
Again, this new notice requirement applies only to orders rendered after September 1, 2019. People with orders prior to that do not have the added notice requirement.
The Palmer Law Firm practices exclusively in the area of Family Law litigation in Harris and Galveston Counties, Texas. If you have any questions about your possession order, or other issues regarding your legal rights and duties to minor children, in Harris or Galveston counties, Texas, please visit our website at www.thepalmerlawfirm.com or call us at 832-819-3529.
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