In Texas, a standard possession order is a legal arrangement that governs the visitation rights of non-custodial parents in cases of divorce or separation. This order outlines specific schedules and guidelines for when the non-custodial parent can spend time with their child or children. Understanding the details of a standard possession order is crucial for parents navigating custody arrangements in Texas.
Overview of the Standard Possession Order (SPO)
The standard possession order in Texas is designed to provide a structured visitation schedule that promotes consistency and stability for both parents and children. It is based on the Texas Family Code and is often used as a default arrangement in divorce cases unless the parents agree on a different schedule or the court orders a different arrangement based on the best interests of the child.
Key Components of the Standard Possession Order
– Weekends: The non-custodial parent typically has possession of the child on the first, third, and fifth weekends of each month, from Friday evening to Sunday evening.
– Weekday Visits: In addition to weekends, the non-custodial parent usually has visitation rights on Thursday evenings during the school year and on Thursday evenings and extended hours during the summer months.
– Holidays and Special Occasions: The standard possession order also includes provisions for holidays, such as alternating holidays like Thanksgiving and Christmas, as well as provisions for the child’s birthday and Mother’s Day/Father’s Day.
– Summer Possession: The non-custodial parent has extended possession during the summer months, typically for 30 days, which can be divided into two periods.
– Communication and Transportation: The order may also specify guidelines for communication between parents and transportation arrangements for visitation exchanges.
Modifications and Exceptions
It’s important to note that the standard possession order can be modified by agreement between the parents or by court order if there are significant changes in circumstances or if it is in the best interests of the child. Additionally, certain exceptions or deviations from the standard schedule may apply based on factors such as distance between parents’ residences, the child’s age and needs, and parental cooperation.
Enforcement and Compliance
Both parents are expected to adhere to the terms of the standard possession order. Failure to comply with the order can result in legal consequences, such as contempt of court charges. It’s essential for parents to communicate effectively, follow the schedule, and prioritize the child’s well-being to ensure a smooth and harmonious co-parenting experience.
Seeking Mediation and/or Legal Guidance
If parents have questions or concerns about the standard possession order or need to make modifications, it’s advisable to consult with a family law attorney or credentialed mediator who can provide personalized advice. An attorney can help navigate the legal complexities. Both an attorney and/or mediator will advocate for the best interests of the child and should facilitate constructive communication between parents.
The standard possession order in Texas is a structured framework that outlines visitation rights for non-custodial parents. By understanding the components of the order, respecting its terms, and seeking legal guidance when needed, parents can work towards a cooperative co-parenting arrangement that prioritizes the well-being and happiness of their children.
