Navigating a divorce or separation involving children is incredibly challenging. Understanding the legal framework surrounding child custody and visitation, specifically the standard possession order in Texas, is crucial for both parents. This guide provides a comprehensive overview of the standard possession schedule in Texas for 2024, addressing common questions and concerns.
What is a Standard Possession Order in Texas?
In Texas, a Standard Possession Order (SPO) outlines the visitation schedule for a child or children after a divorce or separation. It's a legally binding document that dictates which parent has the child at specific times and during which holidays. While judges can deviate from the standard order, it's the starting point for most custody arrangements. The goal of the SPO is to ensure both parents have significant time with their children and to promote a healthy co-parenting relationship. This schedule is designed to balance the parents' time with their children and is generally presumed to be in the child's best interest. However, the court always retains the power to modify the order based on the specific circumstances of the case.
How Does the Standard Possession Order Work?
The standard possession schedule generally provides the non-custodial parent (the parent who does not have the children's primary residence) with possession of the children on specific weekends, holidays, and during the summer. The custodial parent (the parent with the children's primary residence) has the children for the remainder of the time. The specifics can vary based on distance between the parents' residences.
Expanded Standard Possession Order: This applies when parents live less than 50 miles apart. It typically involves:
- First, third, and fifth weekends of the month: The non-custodial parent generally has possession.
- Alternating Spring Break: Each parent alternates possession each year.
- Summer Possession: The non-custodial parent typically has possession for 30 days in the summer.
- Holidays: The standard order outlines specific holiday possession schedules, including Christmas, Thanksgiving, and other significant holidays. This generally involves alternating holidays yearly.
Modified Standard Possession Order: This is used when parents live 50 miles or more apart. Key differences often include:
- Extended periods of possession: To account for travel time, the non-custodial parent often has longer periods of possession.
- Adjusted weekend visits: The weekend visitation schedule may be modified to minimize travel disruptions.
- Transportation arrangements: Specific details regarding transportation arrangements are frequently included, potentially addressing financial responsibilities or travel methods.
Important Note: These are general guidelines. The exact details of a Standard Possession Order will be specified in the final court order, which will be tailored to the individual circumstances of the case.
What Happens if Parents Live Over 100 Miles Apart?
When parents live over 100 miles apart, the standard possession order is significantly modified to account for the increased travel time. The non-custodial parent often has possession for longer periods to offset the travel burden. The judge will consider the best interests of the child in determining the specific arrangement. This might include more frequent visits during school breaks or extended summer visitation.
Can the Standard Possession Order Be Changed?
Yes, a Standard Possession Order can be modified. If circumstances change significantly—such as a change in residence, a new job requiring relocation, or concerns about a parent's ability to provide a safe and stable environment—either parent can petition the court to modify the existing order. The court will review the request and make a decision based on the child's best interests.
What Happens During Holidays?
The standard possession order dictates which parent has the children for major holidays. This usually involves an alternating schedule, but the precise arrangement is clearly outlined in the court order. It's critical for parents to understand the specifics of their order to avoid disputes during holiday periods.
What if I Don't Agree with the Standard Possession Order?
If you disagree with the proposed standard possession order, it’s essential to discuss your concerns with your attorney. They can help you advocate for your interests while keeping the child's best interests at the forefront. You may be able to negotiate an alternative schedule with your spouse or present evidence to the court to support a modified order.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Always consult with a qualified Texas family law attorney for guidance on your specific situation. Texas laws concerning child custody and visitation are complex, and an attorney can help you navigate the process effectively.
