Texas Codes

Tex. Fam. Code § 153.317 (2026)

Alternative Beginning And Ending Possession Times

✓ current as of May 2026
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Sec. 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, and 153.315 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(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(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(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(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(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(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.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 9, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1036, Sec. 15, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 10, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 277 (H.B. 845), Sec. 2, eff. September 1, 2013.

Acts 2021, 87th Leg., R.S., Ch. 896 (H.B. 3203), Sec. 1, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 967 (S.B. 1936), Sec. 2, eff. September 1, 2021.

Notes of Decisions
Cited in 30 cases (5 in the last 5 years), 1998–2025 · leading case: In the Interest of J.R.D. & T.C.D., 169 S.W.3d 740 (Tex. App. 2005).
In the Interest of J.R.D. & T.C.D., 169 S.W.3d 740 (Tex. App. 2005). · cites it 2× “2 The court awarded fees to the mother, although she only partially prevailed, because she had to defend against Duck’s unpersuasive Constitutional claims, saying “I think that really if dad had just wanted a Thursday 2 But see Tex. Fam. Code Ann. § 153.317 (West Supp.”
Mason-Murphy v. Grabowski, 317 S.W.3d 923 (Tex. App. 2010). · cites it 4× “See former Tex. Fam.Code Ann. § 153.317. Grabowski made his election at the time the trial court was rendering the modification order.”
Jacobs v. Dobrei, 991 S.W.2d 462 (Tex. App. 1999). · cites it 2× “Tex. Fam.Code Ann. § 153.317 (Vernon 1996) (emphasis added).”
Weldon v. Weldon, 968 S.W.2d 515 (Tex. App. 1998). · cites it 2× “Tex.Fam.Code Ann. § 153.317 (Vernon 1996).”
In the Interest of Davis, 30 S.W.3d 609 (Tex. App. 2000). “Tex.Fam. Code Ann. § 153.317(2) (Vernon Supp.”
in the Interest of C.A.P., Jr. & M.M.P., Child., 233 S.W.3d 896 (Tex. App. 2007). · cites it 3× “Texas Family Code Section 153.317 Appellant contends that the trial court erred by dismissing his petition because a possessory conservator can sue to modify a possession order from standard visitation to extended visitation under family code section 153.”
In the Interest of M.A.S., 233 S.W.3d 915 (Tex. App. 2007). “See Tex. Fam.Code Ann. § 153.317 (Vernon Supp.”
In Re Jrd, 169 S.W.3d 740 (Tex. App. 2005). · cites it 2× “[3] Tex. Fam.Code Ann. § 153.317; Davis, 30 S.”
In Re Mas, 233 S.W.3d 915 (Tex. App. 2007). “See TEX. FAM.CODE ANN. § 153.317 (Vernon Supp.”
In Re Cap, 233 S.W.3d 896 (Tex. App. 2007). · cites it 3× “Texas Family Code Section 153.317 Appellant contends that the trial court erred by dismissing his petition because a possessory conservator can sue to modify a possession order from standard visitation to extended visitation under family code section 153.”
In the Interest of L.I.A-N., a Child v. the State of Texas (Tex. App. 2025). · cites it 3× “The court granted Appellee’s objection to the inclusion of school-to-school exchanges when the parents lived more than 50 miles from each other, thereby limiting the elections granted to Appellant under Texas Family Code section 153.317. Appellee orally requested the trial court…”
Katherine Mason-Murphy v. Richard Dennis Grabowski (Tex. App. 2010). · cites it 4× “See former Tex. Fam. Code Ann. § 153.317 . Grabowski made his election at the time the trial court was rendering the modification order.”
— Tex. Fam. Code § 153.317(2) — 2 cases
In the Interest of Davis, 30 S.W.3d 609 (Tex. App. 2000). “Tex.Fam. Code Ann. § 153.317(2) (Vernon Supp.”
Mason-Murphy v. Grabowski, 317 S.W.3d 923 (Tex. App. 2010). “See former Tex. Fam.Code Ann. § 153.317. Grabowski made his election at the time the trial court was rendering the modification order.”
— Tex. Fam. Code § 153.317(a) — 5 cases
Mason-Murphy v. Grabowski, 317 S.W.3d 923 (Tex. App. 2010). “See former Tex. Fam.Code Ann. § 153.317. Grabowski made his election at the time the trial court was rendering the modification order.”
— Tex. Fam. Code § 153.317(a)(2) — 2 cases
Cameron Harris v. Chelsea True (Tex. App. 2025).
— Tex. Fam. Code § 153.317(b) — 2 cases
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