Navigating a divorce or child custody case in Texas can be complex, particularly when it comes to determining the children's living arrangements. A Standard Possession Order (SPO) outlines the schedule for parents to spend time with their children after a divorce or separation. Understanding the specifics of a Texas SPO is crucial for both parents to ensure a smooth and stable environment for their children. This guide will provide a comprehensive overview of the standard possession schedule in Texas for 2024, addressing common questions and potential variations.
While the specifics might vary slightly depending on individual circumstances and judicial orders, the core principles remain consistent. This information is for educational purposes and should not substitute legal advice. Always consult with a qualified Texas family law attorney for personalized guidance.
What is a Standard Possession Order in Texas?
A Standard Possession Order in Texas details the non-custodial parent's visitation schedule with their children. It's designed to provide a balanced approach, ensuring regular and meaningful time with both parents. The order typically dictates specific days and times for exchanges, holidays, and summer visits. It's a structured plan aiming to minimize conflict and provide predictability for the child.
How Does a Standard Possession Order Work in Texas?
The Texas SPO generally follows a framework, although judges can tailor it to individual cases based on factors like distance between parents, child's age, and unique family circumstances. Key elements usually include:
- Weekends: The non-custodial parent typically has possession of the children for a significant portion of each weekend, often alternating weekends.
- Holidays: The SPO specifies holiday visitation, often alternating major holidays yearly between parents.
- Summer Visitation: The non-custodial parent usually has extended visitation time during the summer, often for several weeks.
- Expanded Standard Possession Order: This variation provides more time with the non-custodial parent, particularly when the parents live relatively close together.
- Weekends: The non-custodial parent will have the children every other weekend, usually from Friday evening to Sunday evening.
What Happens if Parents Live Far Apart?
How does distance affect the Standard Possession Order? This is a frequently asked question. When parents reside far apart, the judge will adjust the visitation schedule to accommodate travel time and ensure that the child isn't subjected to excessive travel. This might involve extended visits during the summer or holidays, or utilizing virtual communication tools to maintain contact.
Can a Standard Possession Order be Modified?
Can a Standard Possession Order be changed? Yes, a SPO can be modified if there's a significant change in circumstances, such as a move by one parent, a change in the child's needs, or other substantial factors. Both parents would need to agree to the modification or one parent would need to file a motion with the court to request a change. The court will consider the best interests of the child when deciding whether to modify the order.
What if One Parent Refuses to Follow the Standard Possession Order?
What happens if one parent doesn't follow the order? Violation of a SPO can lead to serious consequences, including fines, court orders, and even contempt of court charges. If one parent consistently refuses to adhere to the schedule, the other parent should immediately seek legal counsel and address the issue through the court system.
What are the Best Interests of the Child in a Texas Standard Possession Order?
The guiding principle in all child custody cases, including the creation and modification of SPOs, is the best interests of the child. Judges consider factors like the child's physical and emotional well-being, the parents' ability to provide a stable environment, and the child's wishes (depending on their age and maturity).
Expanded Standard Possession Order vs. Standard Possession Order: What's the Difference?
The Expanded Standard Possession Order provides significantly more time with the non-custodial parent. This is often used when parents live closer together and facilitates a more equal sharing of parenting responsibilities. The regular SPO is more common when parents live further apart, balancing the needs for time with both parents with the consideration of travel.
This information is for educational purposes only and should not be considered legal advice. Texas family law is complex, and consulting with an experienced attorney is crucial to navigate custody arrangements effectively. The specific details of your child's possession schedule will depend on your unique circumstances, and a lawyer can ensure your rights and your child's best interests are protected.
