I will be relocating to the next town over, but only 20 minutes from where we currently live.

AGREED FINAL ORDER

IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

(POSSESSION AND ACCESS)

CAUSE NO. __________

IN THE INTEREST OF
__________________________, CHILD(REN)

IN THE ___ JUDICIAL DISTRICT COURT
XXXXX COUNTY, TEXAS

I. FINDINGS AND APPOINTMENT OF CONSERVATORS

The Court finds that the orders contained herein are in the best interest of the child(ren) pursuant to Texas Family Code §153.002.

IT IS ORDERED that Mother and Father are appointed Joint Managing Conservators of the child(ren) pursuant to Texas Family Code §§153.131 and 153.134.

Except as otherwise expressly provided in this Order, Mother and Father shall share the rights and duties of a parent as provided by the Texas Family Code and shall confer with one another in good faith regarding major decisions affecting the child(ren).

All provisions of this Order are specific, unambiguous, and enforceable by contempt.

II. POSSESSION AND ACCESS – REGULAR SCHEDULE

(2-2-5-5 POSSESSION ORDER)

Pursuant to Texas Family Code §§153.251–153.252, the Court finds that the following possession schedule provides frequent and continuing contact with both parents.

A. Weekly Possession

IT IS ORDERED that possession of the child(ren) shall occur as follows:

1.      Mother shall have possession every Monday and Tuesday.

2.      Father shall have possession every Wednesday and Thursday.

B. Alternating Weekends

IT IS ORDERED that the parents shall alternate weekends:

·         Weekend possession shall begin Friday at the time school is dismissed, or 6:00 p.m. if school is not in session.

·         Weekend possession shall end Monday morning at school drop-off, or 8:00 a.m. if school is not in session.

This schedule shall continue year-round except as modified by holiday possession, summer possession, or written agreement of the parties.

III. FIRST RIGHT OF REFUSAL (ENFORCEABLE)

IT IS ORDERED that the parties shall comply with the following First Right of Refusal, which is mandatory and enforceable by contempt:

If a parent is unable to personally care for the child(ren) for a period exceeding six (6) consecutive hours during that parent’s scheduled possession, that parent shall first offer the other parent the opportunity to care for the child(ren) before arranging third-party childcare.

1.      Notice shall be sent in writing (text message, email, or parenting application).

2.      The receiving parent shall have twenty-four (24) hours from the time notice is sent to accept or decline.

3.      Failure to respond within twenty-four (24) hours constitutes a declination.

4.      Exercise or non-exercise of the First Right of Refusal does not modify the possession schedule.

This provision is ordered pursuant to Texas Family Code §153.134(a).

IV. HOLIDAY AND SPECIAL DAY POSSESSION

(Holiday possession supersedes regular possession pursuant to Texas Family Code §153.256.)

A. Mother’s Day and Father’s Day

IT IS ORDERED that:

·         Mother’s Day: Mother shall have possession every year from Saturday at 6:00 p.m. until Sunday at 8:00 p.m.

·         Father’s Day: Father shall have possession every year during the same period.

B. Parents’ Birthdays

IT IS ORDERED that each parent shall have possession of the child(ren) on that parent’s birthday every year:

·         4:00 p.m. to 8:00 p.m. if the birthday occurs on a school day; or

·         10:00 a.m. to 8:00 p.m. if on a non-school day.

This possession shall occur regardless of the regular schedule and is enforceable by contempt.

V. THANKSGIVING HOLIDAY

IT IS ORDERED that Thanksgiving possession shall alternate annually as follows:

·         Even-numbered years: Father

·         Odd-numbered years: Mother

Thanksgiving possession shall begin at school dismissal (or 6:00 p.m.) and end at 6:00 p.m. on the Sunday following Thanksgiving, pursuant to Texas Family Code §153.314.

VI. CHRISTMAS / WINTER HOLIDAY

IT IS ORDERED that the Christmas/Winter holiday shall be divided as follows:

1.      First Half: School dismissal (or December 20 at 6:00 p.m.) through December 26 at 12:00 noon

2.      Second Half: December 26 at 12:00 noon through the day before school resumes (or January 1 at 6:00 p.m.)

·         Even-numbered years:

o    Mother – First Half

o    Father – Second Half

·         Odd-numbered years:

o    Father – First Half

o    Mother – Second Half

This provision is enforceable pursuant to Texas Family Code §153.314.

VII. SUMMER POSSESSION AND EXTENDED VACATION

IT IS ORDERED that each parent may designate fourteen (14) days total of extended summer possession:

1.      Time may be taken in one or two non-consecutive periods.

2.      Written notice shall be provided by April 1 of each year.

3.      If dates conflict:

o    Father has priority in even-numbered years

o    Mother has priority in odd-numbered years

Failure to timely designate dates results in waiver for that year.

VIII. EXCHANGES AND TRANSPORTATION (CONTEMPT-READY)

IT IS ORDERED that:

1.      The parent beginning possession shall pick up the child(ren).

2.      Exchanges shall occur at school when possible.

3.      Each parent shall be punctual. A delay exceeding 15 minutes without notice may constitute a violation of this Order.

IX. COMMUNICATION

IT IS ORDERED that each parent shall have reasonable electronic or telephone communication with the child(ren) pursuant to Texas Family Code §153.015.

X. MUTUAL DUTY OF COOPERATION AND ENFORCEMENT

IT IS ORDERED that each parent:

·         Shall encourage a positive relationship with the other parent;

·         Shall not interfere with possession or communication;

·         Shall comply with all terms of this Order.

Violation of this Order may result in enforcement by contempt, including fines, confinement, or other remedies authorized by law.

AGREED AS TO FORM AND SUBSTANCE

Mother

Mother
Date: _____________________________

Father

Father
Date: _____________________________

ATTORNEYS OF RECORD

Attorney for Mother

Name: _____________________________
State Bar No.: _____________________
Address: __________________________
Phone: ____________________________
Email: ____________________________

Attorney for Father

Name: _____________________________
State Bar No.: _____________________
Address: __________________________
Phone: ____________________________
Email: ____________________________

ORDERED AND SIGNED

SIGNED on _______________________

JUDGE PRESIDING
___ Judicial District Court
McLennan County, Texas