Getting a Standard Possession Order in Houston

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:

1. 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.
2. 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.
3. 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.
4. 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:

1. 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.
2. 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.
3. 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.

1. 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.
2. 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.
3. 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:

1. Explaining Your Rights and Options: We help parents understand the specifics of the SPO, ensuring they know their rights and responsibilities under Texas law.
2. 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.
3. 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.
4. 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.
5. 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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Divorce can be an emotionally and financially taxing process, but mediation can offer a more amicable and cost-effective alternative to courtroom battles. In this blog post, we’ll explore the critical do’s and don’ts of divorce mediation. We’ll also introduce you to experienced divorce mediator and attorney, Dawn Renken, of The Renken Law Firm in Houston, who can help couples navigate this process and make thorough and informed choices when drafting a divorce agreement. Divorce is never easy, but divorce mediation can make the process smoother and more manageable. Unlike traditional divorce proceedings, which often involve lengthy courtroom battles, mediation allows couples to work together with a neutral third party to resolve their differences and create a mutually acceptable divorce agreement. When done right, mediation can save time, money, and emotional distress. However, divorce mediation isn’t a walk in the park. It requires open communication, patience, and a willingness to compromise. To help you navigate this process successfully, here are 10 things you should never say or do during divorce mediation: 1. Refusing to Communicate Effective communication is the cornerstone of any successful mediation. Refusing to talk or listen can hinder progress and lead to a more protracted and contentious divorce. It’s essential to be open and honest about your concerns, needs, and preferences during mediation. Dawn Renken, an experienced divorce mediator, is skilled in facilitating constructive communication between divorcing couples. She can help create an environment where both parties feel heard and understood. 2. Letting Emotions Take Over Divorce is an emotionally charged process, but it’s crucial not to let your emotions dictate your actions during mediation. Outbursts of anger or resentment can escalate conflicts and hinder resolution. Instead, try to remain calm and composed. Dawn Renken specializes in guiding clients through the emotional challenges of divorce, helping them focus on their long-term interests rather than short-term emotions. 3. Failing to Prepare Preparation is key to a successful mediation. Failing to gather and organize your financial documents, legal papers, and other relevant information can lead to delays and misunderstandings. Dawn Renken can help you prepare for mediation by ensuring you have all the necessary documentation and information at your fingertips. 4. Being Inflexible Mediation involves compromise, and being too inflexible can hinder progress. While it’s crucial to protect your interests, it’s also essential to understand that some give and take will be necessary to reach an agreement. Dawn Renken has extensive experience in helping clients find middle ground and make compromises that are fair and reasonable. 5. Bringing Up the Past Dragging up past mistakes, hurts, or grievances during mediation is counterproductive. It can create tension and prevent a positive resolution. Dawn Renken can help keep the focus on the present and the future, guiding couples toward constructive discussions that lead to productive solutions. 6. Playing the Blame Game Blaming your spouse for the divorce or trying to make them feel guilty won’t help during mediation. In fact, it’s more likely to create animosity and impede the process. Dawn Renken can act as a neutral mediator, keeping discussions on track and preventing blame from becoming a roadblock to resolution. 7. Disregarding Your Children’s Well-Being If you have children, their well-being should be a top priority during divorce mediation. Failing to consider their needs, feelings, and interests can lead to contentious custody battles and long-term emotional repercussions. Dawn Renken is well-versed in helping divorcing parents create a custody and visitation plan that prioritizes their children’s needs. 8. Making Unrealistic Demands Mediation is about finding realistic and mutually beneficial solutions. Making extravagant or unrealistic demands can lead to an impasse. Dawn Renken can provide insight into what is legally and practically achievable, ensuring that both parties understand the boundaries and possibilities of their divorce agreement. 9. Hiding Assets Concealing assets during mediation is not only unethical but also illegal. It can result in severe legal consequences and damage your credibility in the eyes of the mediator and the court. Dawn Renken can help ensure full financial transparency during mediation, preventing disputes over hidden assets.

The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions. Prenuptial agreements, commonly referred to as prenups, are contractual agreements made between two individuals prior to their marriage. They establish the framework for how assets, debts, and other financial matters will be handled should the marriage end in divorce or due to the death of one spouse. Prenuptial agreements provide a level of financial security and peace of mind to both parties by outlining their rights and responsibilities. When considering a prenup, it’s essential to work with a knowledgeable Prenup Attorney in Houston, like the experts at The Renken Law Firm, to ensure that your agreement is comprehensive and tailored to your unique needs. The Importance of a Prenuptial Agreement Prenuptial agreements are not only for the wealthy or those anticipating divorce. They can be invaluable tools for protecting individual assets, managing financial expectations, and ensuring a fair resolution should the marriage end. Here’s a breakdown of what is typically included in a prenuptial agreement: 1. Property Division One of the primary purposes of a prenup is to specify how assets and debts will be divided in the event of a divorce. This includes real estate, personal property, bank accounts, and investments. The agreement can outline whether certain assets will remain separate property, and which will be considered marital property, subject to division. By clearly defining these terms, you can protect your financial interests and avoid potential disputes in the future. 2. Spousal Support Spousal support, also known as alimony, can be a contentious issue during divorce proceedings. A prenuptial agreement can specify the amount, duration, and conditions under which spousal support will be paid. This allows both parties to have a clear understanding of their financial responsibilities, reducing the risk of prolonged legal battles. 3. Division of Debts Debts incurred during a marriage can be a significant source of concern if the relationship ends. Your prenup can outline how debts will be divided, whether they are considered marital or separate, and who will be responsible for paying them. 4. Inheritance and Estate Planning A prenuptial agreement can address how inheritance and estate planning matters will be handled. It can specify whether certain assets are to be kept separate and secure the interests of children from previous relationships. 5. Business Interests If you own a business or have a stake in a company, a prenup can help protect your business interests. It can outline how the business will be managed and whether your spouse will have any ownership rights in the event of divorce. 6. Financial Responsibilities Your prenuptial agreement can include provisions detailing each spouse’s financial responsibilities during the marriage. This may cover how household expenses will be shared, savings and investment strategies, and other financial matters that will affect your day-to-day life.

Divorce is an emotionally charged, life-altering event. When a marriage reaches a point where it can no longer be sustained, the process of legally ending it can be intricate and emotionally draining. While Texas law provides for various divorce options, understanding the different types of divorce is crucial for making informed decisions. In this article, we will explore the various divorce options available in Texas, from uncontested to contested, mediation, and more. Additionally, we will highlight the invaluable role of an experienced divorce attorney like Dawn Renken from the Renken Law Firm in Houston, emphasizing how they can help make the process smoother and ensure you don’t overlook important details. 1. Uncontested Divorce An uncontested divorce is often the most straightforward option for couples who have reached an agreement on all significant aspects of their separation, such as child custody, property division, and alimony. This type of divorce is generally less time-consuming and costly than other alternatives, as it minimizes the need for court appearances and lengthy legal battles. An experienced divorce attorney like Dawn Renken can guide you through the process, ensuring all legal requirements are met. Their role is to make sure that the agreement is comprehensive and that no crucial details are overlooked, thus preventing future disputes or complications. 2. Contested Divorce Contrary to uncontested divorce, a contested divorce occurs when spouses cannot come to an agreement on one or more critical issues. These disputes often lead to court proceedings and can be lengthy and emotionally taxing. In a contested divorce, a skilled attorney becomes crucial in protecting your rights, ensuring a fair outcome, and representing your interests in court. Dawn Renken’s experience in contested divorces allows her to navigate the intricacies of Texas divorce law effectively. Her insight into the legal system can prove invaluable in resolving complex disputes and advocating for your rights. 3. Collaborative Divorce Collaborative divorce is an alternative to traditional courtroom battles. In this process, both parties work together with their attorneys to reach a mutually beneficial settlement. This approach can save time and money while preserving relationships and reducing emotional stress, especially when children are involved. An experienced attorney like Dawn Renken can help you through this process by providing legal advice and ensuring that all legal requirements are met. Their guidance can lead to a more amicable resolution, which is especially important when co-parenting in the future. 4. Mediated Divorce Mediation is another non-adversarial option for couples who wish to avoid the courtroom. In a mediated divorce, a neutral third party, often a certified mediator, helps couples negotiate and reach an agreement. This approach encourages open communication and collaboration while addressing concerns and needs of both parties. Having a divorce attorney like Dawn Renken on your side during mediation can be advantageous. Her legal expertise ensures that your rights are protected and that any agreements made align with Texas divorce laws. Additionally, her presence can provide guidance and reassurance during a potentially challenging process. 5. Default Divorce In some cases, one spouse may not participate in the divorce process or may be unreachable. In such instances, Texas law allows for a default divorce. This process typically moves forward with minimal involvement from the absent spouse, making it necessary to ensure all legal steps are correctly followed. An experienced attorney like Dawn Renken can help you navigate a default divorce to ensure that all legal requirements are met, minimizing the risk of complications down the road. Her guidance can expedite the process and provide you with the resolution you seek, even in the absence of cooperation from your spouse. 6. No-Fault Divorce Texas allows for “no-fault” divorces, which means that neither party has to prove wrongdoing or assign blame for the marriage’s dissolution. Instead, one or both parties can simply state that the marriage has become insupportable due to discord or conflict of personalities. While a no-fault divorce may seem straightforward, an experienced attorney can help ensure that this process is executed correctly and that the necessary legal documents are filed. Dawn Renken’s expertise can prevent any issues that might arise from improperly handling the paperwork. 7. Fault Divorce Although Texas recognizes no-fault divorces, some situations may warrant pursuing a fault divorce. Grounds for fault divorce in Texas can include adultery, cruelty, abandonment, or a felony conviction. This type of divorce typically requires the gathering of evidence to support the allegations of fault. Dawn Renken’s experience as a divorce attorney can be invaluable in building a strong case for a fault divorce. Her knowledge of the legal requirements and procedures ensures that your claims are well-substantiated and your interests are protected. 8. Annulment An annulment is different from a divorce, as it legally declares a marriage void or null from the beginning. Grounds for annulment in Texas include bigamy, impotence, fraud, or underage marriage. An annulment can be a complex process, and having an experienced attorney is crucial to present a convincing case before the court. Dawn Renken’s experience and legal acumen can be instrumental in successfully pursuing an annulment in Texas. Her expertise in the intricacies of the legal system can guide you through the process and ensure your interests are protected.

What Is Divorce Mediation? For couples that have come to the decision together to divorce, mediation provides an alternative method than traditional courtroom divorces. Mediation involves a neutral third party: the mediator. The mediator works to help both spouses work through divorce issues and communicate while trying to make decisions that impact their futures. Divorce mediation has become increasingly more popular because it is private, affordable, and allows both parties to have more control over the final outcome of their divorce agreement. Divorce mediation is a great option for divorcing couples where both parties are willing to put their emotions aside and work together to amicably end the marriage. Family law attorney, Dawn Renken is a licensed mediator who can provide helpful legal advice throughout your divorce case. This includes resolving disputes, creating a child custody schedule, settling on child support payments, property divisions, and much more. Why Choose to Mediate Your Divorce? Although judges often order divorcing couples to participate in mediation before going to trial, you have the option of mediating on your own—either before you file for divorce or at any time after. Mediating your divorce has a lot of advantages over litigating it (fighting it out in court). ost. Mediation is much less expensive than a trial. Settling the case. Most mediations end in settlement of all of the issues in the divorce. Confidentiality. Mediation is confidential, with no public record of what goes on in your sessions. Freedom. Mediation allows you to arrive at a resolution based on your own ideas of what is fair in your situation, rather than having a solution imposed upon you based on rigid and impersonal legal principles. Advice still available. You can go to mediation and still choose to have a lawyer give you legal advice. Control. You and your spouse—not the court—control the process. Communication. The mediation process encourages communication between you and your spouse, helping you avoid future conflicts. Successful mediation makes the rest of your divorce easier: Because you’ve done all the hard work of hammering out the details in the mediation, you can file an “uncontested” divorce. Uncontested divorces are usually less expensive and faster than litigated divorces (divorces where the couple battles in court). With an uncontested divorce, you’ll save money on attorneys’ fees and the costs of going to trial. Also, many courts fast-track uncontested cases because everything has been worked out in advance, meaning that a judge will be able to finalize your divorce faster than if you’d gone to trial. There are many reasons that make divorce mediation attractive to couples but it is not for everyone. In order to have a successfully mediated divorce, both parties must be willing to work together and compromise in a civil exchange to come to an agreement. Reaching an amicable divorce can be difficult in relationships where spouses do not share similar goals or ideas about property division, child custody, or other important aspects of their divorce. Additionally, in situations where emotions are high and discussions are strained, mediation may not be the most efficient manner to reach a divorce agreement. There are other options such as collaborative divorce, arbitration, and of course litigation for couples that mediation does not work for. Contact us today to get the answers you are looking for about divorce in Houston, TX and surrounding areas. Experienced Family Law Attorney in Houston, TX Our team proudly serves the Greater Houston area. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Our team is dedicated to helping you and your family move forward without legal matters complicating your life. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.