When parents in Texas decide to divorce, one of the primary considerations is how child custody and visitation will be arranged. Texas law provides a clear, structured method for handling visitation and custody, known as the Standard Possession Order (SPO). For many families, this order establishes a baseline schedule for when each parent will spend time with their child.
At The Renken Law Firm, our experienced Houston divorce attorneys understand the complexities of custody and visitation arrangements, especially when it comes to navigating the specifics of a Standard Possession Order. Below, we outline how the SPO works, what it entails, and how our legal team can assist in obtaining, customizing, or modifying an SPO to suit your family’s unique needs.
Understanding the Basics of a Standard Possession Order
In Texas, the Standard Possession Order is a statutory guideline for child visitation. The SPO is outlined under the Texas Family Code, which establishes a schedule for possession and access to the child that prioritizes stability and structure. While the SPO is commonly applied to parents living within 100 miles of each other, different provisions apply if the distance exceeds this range.
Key elements of the SPO include:
- Regular Visitation: The non-custodial parent, known as the “possessory conservator,” is typically allowed visitation on the first, third, and fifth weekends of each month. In addition, the possessory conservator usually has the right to visit the child on Thursday evenings during the school year.
- Holiday and Summer Schedules: The SPO also designates a specific schedule for holidays, school breaks, and summer vacations. For example, holidays like Thanksgiving and Christmas are alternated between parents each year, while summer visitation can extend to 30 days if the possessory conservator resides within 100 miles of the child.
- Flexibility and Modifications: The SPO can be customized by mutual agreement to better accommodate the needs of the child and the parents’ schedules.
Standard Possession Order Provisions for Parents Within 100 Miles
For parents who live within 100 miles of each other, the Texas SPO offers a detailed schedule to ensure regular and consistent contact between the child and both parents. This arrangement typically includes:
- Weekend Visitation: The non-custodial parent is granted visitation on the first, third, and fifth weekends of each month. This begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on Sunday, although start and end times can vary based on court orders or mutual agreements.
- Thursday Night Visits: During the school year, the possessory conservator can have possession of the child each Thursday from 6:00 p.m. to 8:00 p.m.
- Extended Summer Visitation: The non-custodial parent is entitled to a minimum of 30 days with the child during the summer. This is often an essential aspect for parents who may not have as much time with their child during the school year.
- Holiday Schedule: The SPO alternates holidays between parents to ensure fair access. For example, one parent might have Thanksgiving in even-numbered years, while the other has Christmas. In odd-numbered years, these assignments swap.
These standard schedules are designed to offer stability and predictability. However, the SPO allows for flexibility, and parents can mutually agree to modify these arrangements. At The Renken Law Firm, our attorneys help parents understand the options available to them and assist in securing a schedule that works best for their family’s circumstances.
Standard Possession Order Provisions for Parents Living Over 100 Miles Apart
When parents live more than 100 miles apart, adjustments are made to the SPO to accommodate the increased distance and travel challenges. Some differences include:
- Weekend Visits: While parents within 100 miles typically follow a three-weekend-per-month schedule, those further away can select one weekend per month for visitation. This is designed to reduce travel burdens.
- Extended Summer Possession: The extended summer visitation period increases to 42 days. This extended time helps ensure that the non-custodial parent maintains a meaningful relationship with the child despite the geographic distance.
- Holiday Schedule: The holiday schedule remains similar to the regular SPO, with holidays split between the parents. This ensures that the child spends significant time with both parents during special occasions.
How Can the SPO Be Modified?
While the Standard Possession Order is a baseline, it’s often not a “one-size-fits-all” solution. Parents have the flexibility to modify the SPO to better suit their schedules, their child’s needs, or their particular circumstances. This can be done by mutual agreement or through a legal process.
- Customizing by Agreement: Many parents opt to create a customized possession schedule that may differ from the SPO. This agreement must be in the child’s best interest and approved by the court to ensure enforceability.
- Modifications Due to Changes in Circumstances: Over time, situations may arise that make modifications necessary, such as job changes, health issues, or the child’s changing needs. If both parents cannot agree on a modification, a court can evaluate the circumstances and decide on a revised schedule.
- Temporary Orders for Emergencies: If there is an immediate need for changes—such as concerns about safety or unexpected relocations—parents can seek temporary orders to adjust the possession schedule quickly.
At The Renken Law Firm, our attorneys specialize in navigating the nuances of the Texas Family Code. We work closely with clients to draft and propose adjustments that align with the best interests of their child and their family situation.
Parental Rights Under the Standard Possession Order
The Standard Possession Order doesn’t just outline visitation dates; it also defines certain rights each parent has concerning their child. These rights are often established to maintain stability and encourage cooperation between parents. Key rights include:
- Right to Receive Information about the Child: Both parents have the right to be informed about their child’s education, medical care, and general welfare.
- Right to Communicate with the Child: Parents can maintain reasonable communication with their child, including phone calls and virtual visits, especially when the child is with the other parent.
- Right to Attend Events: Each parent can attend significant events in the child’s life, including school functions, sports activities, and other events that may not fall within their assigned visitation period.
The goal is to ensure that each parent stays actively involved in the child’s life, supporting the child’s emotional and psychological well-being.
How The Renken Law Firm Can Help with Your Standard Possession Order
When it comes to custody and visitation, there’s no substitute for experienced legal guidance. At The Renken Law Firm, our Houston divorce attorneys provide comprehensive support to parents seeking a Standard Possession Order or needing modifications. Here’s how we can assist:
- Explaining Your Rights and Options: We help parents understand the specifics of the SPO, ensuring they know their rights and responsibilities under Texas law.
- Drafting a Suitable Visitation Schedule: Whether you’re in a high-conflict divorce or looking for an amicable arrangement, we can help draft a possession schedule tailored to your family’s needs. We take into consideration work schedules, child activities, and any unique factors that may impact the arrangement.
- Guiding You Through Customizations and Modifications: If the standard SPO doesn’t suit your family, our attorneys assist in negotiating or petitioning for a customized possession order. This can include any necessary modifications due to lifestyle changes or other significant factors.
- Ensuring Compliance and Enforcement: In cases where one parent is not following the SPO, we offer legal support to enforce the order. We work to protect our client’s rights, ensuring fair access to their child.
- Handling Emergency and Temporary Orders: In urgent situations, we provide immediate legal intervention to secure temporary orders that address pressing issues, safeguarding your relationship with your child.
Common Questions about the Standard Possession Order
At The Renken Law Firm, we receive many questions from clients regarding SPOs. Here are answers to some of the most frequently asked questions:
- Can I change the times of the SPO visitation schedule? Yes, parents can agree to changes, or they may petition the court for a modification if it’s in the child’s best interest.
- Is the SPO appropriate for infants or toddlers? The SPO is typically structured for school-aged children. For younger children, a different arrangement may be needed, and our attorneys can guide parents through developing an age-appropriate plan.
- What if my co-parent consistently fails to follow the SPO? If the other parent doesn’t comply with the SPO, legal actions can be taken to enforce it, including possible penalties for non-compliance.
- How can I ensure a fair holiday schedule? The SPO offers an alternating holiday schedule, but if this doesn’t suit your family, our attorneys can help negotiate a plan that works better for you.
Standard Possession Order in Houston
Obtaining and understanding a Standard Possession Order in Texas can be challenging, especially when balancing the emotional aspects of custody arrangements. However, the SPO provides a structured, fair approach to visitation that supports a child’s relationship with both parents. Whether you’re navigating an initial SPO, seeking modifications, or enforcing an existing order, The Renken Law Firm is here to help.
Our team of Houston divorce attorneys is dedicated to achieving outcomes that prioritize the best interests of children and support parents in building strong, positive relationships with their kids. If you’re facing issues related to child possession or visitation, contact us to schedule a consultation and learn how we can assist you.
Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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