Navigating a divorce or custody arrangement in Texas can be complex, particularly understanding the specifics of a Standard Possession Order (SPO). This guide provides a detailed overview of the standard possession schedule in Texas for 2024, addressing common questions and offering clarity on its implications. While the specifics of your order will depend on your individual circumstances and any agreed-upon modifications, understanding the standard is crucial. This information is for educational purposes and not legal advice. Consult with a qualified Texas family law attorney for advice tailored to your situation.
What is a Standard Possession Order in Texas?
A Standard Possession Order (SPO) in Texas outlines the visitation schedule for a child's non-custodial parent. It's designed to provide a relatively equal balance of possession and access for both parents, unless circumstances dictate otherwise. These orders are frequently incorporated into divorce decrees or custody orders. The Texas legislature designed the SPO to provide a baseline, but judges may modify it to best suit the needs of the family involved.
Key Aspects of the Standard Possession Order:
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Presumption of Equal Possession: The law presumes that both parents should share roughly equal possession and access to their children. However, this can be adjusted based on the best interests of the child.
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Expanded Standard Possession Order: This is a slightly altered version of the standard, offering more flexibility and potentially more time with the non-custodial parent. This option might be considered when circumstances allow for it.
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Weekends: The SPO typically grants the non-custodial parent possession of the child(ren) on weekends, alternating between the first, third, and fifth weekends of the month.
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Holidays: Specific holidays are allocated to each parent, rotating annually. This prevents year-to-year conflict over holiday schedules.
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Summer Vacation: The non-custodial parent usually receives a significant portion of the child's summer vacation time, typically 30 days.
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Geographical Considerations: The SPO’s practicality depends on the parents' proximity. When parents live far apart, travel arrangements and alternative schedules are frequently worked out to minimize disruption to the child.
How Does the SPO Work in Practice?
The specifics of an SPO can vary slightly depending on the judge’s ruling and the parents’ agreement. However, the general framework remains consistent. Here's a look at how it generally works:
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Regular Weekends: The non-custodial parent generally has the children for the first, third, and fifth weekends of the month.
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Holidays: The order specifies which holidays each parent will have. This is often a rotating schedule to ensure fairness.
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Summer Visitation: A considerable amount of summer vacation time is usually allotted to the non-custodial parent.
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School Breaks: Some SPOs detail school break schedules, while others leave it open for agreement between the parents.
What if Parents Live Far Apart? (Geographic Considerations)
Long Distance Parenting Plans
If parents reside far apart, the standard possession order may be modified to create a feasible visitation schedule. This might involve:
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Extended visits: Longer visits during holidays or summer breaks to minimize travel.
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Designated pick-up/drop-off locations: A neutral point might be selected for parent exchanges.
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Transportation arrangements: The order might outline transportation responsibilities or provide for travel expenses.
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Virtual Communication: Utilizing technology for communication when physical visits are infrequent.
What if the Parents Can't Agree?
Court Intervention
When parents are unable to reach an agreement on a child custody schedule, the court must make a determination. The judge will consider factors such as the best interests of the child, parental stability, and the feasibility of the standard possession schedule given the circumstances.
Can a Standard Possession Order Be Modified?
Modifying the SPO
Yes, a Standard Possession Order can be modified. A modification requires a showing of a material and substantial change in circumstances that affects the best interests of the child. Examples of such changes might include:
- A significant change in the parents' living situations.
- One parent moving a considerable distance.
- Changes to a child's educational needs.
- Concerns about the child's safety or well-being.
This information is for educational purposes and should not be considered legal advice. It's essential to consult with a qualified Texas family law attorney for personalized legal guidance regarding your specific situation and to obtain the most current and accurate information.
