Custody Lawyer > Child Custody > GENERAL TERMS AND CONDITIONS

Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall order the following general terms and conditions of possession of a children to apply without regard to the distance between the residence of a parent and the children:

(1) the managing conservator shall surrender the children to the possessory conservator at the beginning of each period of the possessory conservator’s possession at the residence of the managing conservator;

(2) if the possessory conservator elects to begin a period of possession at the time the children’s school is regularly dismissed, the managing conservator shall surrender the children to the possessory conservator at the beginning of each period of possession at the school in which the children is enrolled;

(3) the possessory conservator shall be ordered to do one of the following:

(A) the possessory conservator shall surrender the children to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or

(B) the possessory conservator shall return the children to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the children to the managing conservator at the end of each period of possession at the residence of the possessory conservator if:

(i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator’s county of residence remains the same after the rendition of the order, and the managing conservator’s county of residence changes, effective on the date of the change of residence by the managing conservator; or

(ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator’s county of residence remains the same and the managing conservator’s county of residence changes after they no longer live in the same residence, effective on the date the order is rendered;

(4) if the possessory conservator elects to end a period of possession at the time the children’s school resumes, the possessory conservator shall surrender the children to the managing conservator at the end of each period of possession at the school in which the children is enrolled;

(5) each conservator shall return with the children the personal effects that the children brought at the beginning of the period of possession;

(6) either parent may designate a competent adult to pick up and return the children, as applicable; a parent or a designated competent adult shall be present when the children is picked up or returned;

(7) a parent shall give notice to the person in possession of the children on each occasion that the parent will be unable to exercise that parent’s right of possession for a specified period;

(8) written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due; and

(9) if a conservator’s time of possession of a children ends at the time school resumes and for any reason the children is not or will not be returned to school, the conservator in possession of the children shall immediately notify the school and the other conservator that the children will not be or has not been returned to school.

Child custody is dynamic, when two people with two different lives raise children together issues will arise. As an experienced San Antonio Child Custody Attorney I offer free consultations 7 days a week from my office at 1807 San Pedro, San Antonio, Texas 78212.