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What Is a Standard Possession Order in Divorce

What Is a Standard Possession Order in Divorce?

  • Standard Possession Order

Divorce is a challenging and emotionally charged process, especially when children are involved. In Texas, one of the critical aspects of divorce involving children is determining custody and visitation rights. The Standard Possession Order (SPO) is a legal framework that outlines the visitation schedule for the non-custodial parent. It is crucial for both parents to understand what an SPO entails and how it affects their family dynamics.

In this blog post, we will explore the concept of a Standard Possession Order, its implications, and how The Renken Law Firm’s experienced Houston divorce attorneys can assist you in navigating this complex legal terrain.

Understanding the Standard Possession Order

What is a Standard Possession Order?

A Standard Possession Order is a court-ordered schedule that outlines the visitation rights of the non-custodial parent. It is designed to ensure that both parents have a fair amount of time with their children post-divorce. In Texas, the SPO is considered the default visitation schedule and is presumed to be in the best interest of the child unless evidence is presented to the contrary.

The Texas Family Code outlines the specifics of an SPO, which applies to children three years of age and older. For children under three, the court may create a customized possession schedule that gradually leads to an SPO as the child grows.

Key Features of a Standard Possession Order

The Standard Possession Order typically includes:

  • Weekends: The non-custodial parent is granted visitation on the first, third, and fifth weekends of each month. This weekend schedule ensures that the non-custodial parent has consistent opportunities to bond with their child and participate in regular weekend activities.
  • Weekdays: One evening visitation per week, often on Thursdays, from 6:00 p.m. to 8:00 p.m. This weekday visitation allows the non-custodial parent to remain actively involved in the child’s daily life, attending school events or extracurricular activities as part of their involvement.
  • Holidays: Alternating holidays, including Thanksgiving and Spring Break, with each parent. This arrangement ensures that the child spends equal holiday time with both parents, allowing for special traditions to be maintained and celebrated with each family.
  • Christmas Break: The non-custodial parent may have the child for the first half of the break in even-numbered years and the second half in odd-numbered years. This alternating schedule provides balance and continuity, allowing each parent to enjoy meaningful holiday experiences with their child.
  • Summer Vacation: The non-custodial parent is entitled to 30 days of possession during the summer months. This extended time provides an opportunity for longer vacations and deeper connections, enabling the child to experience daily life and special summer activities with the non-custodial parent.

Customizing the Standard Possession Order

While the SPO is the default arrangement, it is not one-size-fits-all. The court recognizes that each family’s situation is unique, and modifications can be made to accommodate the specific needs of the children and parents involved. Factors such as the child’s age, the distance between the parents’ residences, and any special needs the child may have can influence the visitation schedule. The court may also consider parents’ work schedules, the child’s extracurricular activities, and any other factors that contribute to the child’s well-being when determining if a customized plan is necessary. By considering these elements, the court aims to craft a possession order that best supports the child’s development and happiness.

Advantages and Limitations of a Standard Possession Order

Advantages

  1. Predictability: The SPO provides a clear and predictable schedule, which can reduce conflict and confusion between parents.
  2. Stability for Children: Children benefit from a consistent routine, knowing when they will be with each parent.
  3. Legal Framework: The SPO is legally enforceable, offering protection for both parents’ rights.

Limitations

  1. Lack of Flexibility: The SPO may not accommodate unique family dynamics or the specific needs of the child.
  2. Potential for Conflict: Strict adherence to the SPO can sometimes lead to disagreements, particularly if one parent feels the arrangement is unfair.
  3. Impact on Child’s Activities: The set schedule may conflict with the child’s extracurricular activities or social events.

How a Standard Possession Order is Established

Initial Stages

During the divorce process, parents are encouraged to work together to create a parenting plan that includes a visitation schedule. If an agreement cannot be reached, the court will step in and impose a Standard Possession Order as the default arrangement.

Legal Considerations

When establishing an SPO, the court considers the following factors:

  • Best Interests of the Child: The child’s physical, emotional, and educational needs are paramount.
  • Parent-Child Relationship: The court evaluates the existing relationship between the child and each parent.
  • Parental Cooperation: The ability of each parent to cooperate and make joint decisions regarding the child’s welfare.
  • Stability: The need for a stable and consistent environment for the child.

Modifying a Standard Possession Order

Life circumstances can change, and modifications to the SPO may be necessary. Either parent can request a modification if there is a significant change in circumstances, such as a change in residence, work schedule, or the child’s needs. The court will review the request and determine if a modification is warranted.

Challenges and Considerations in Implementing a Standard Possession Order

Parental Conflict

Implementing an SPO can be challenging if there is ongoing conflict between the parents. Disagreements about pick-up and drop-off times, holiday schedules, and other logistical issues can create tension. It is essential for parents to communicate openly and respectfully to minimize conflict.

Geographic Distance

The distance between the parents’ homes can significantly impact the feasibility of the SPO. Long distances may require adjustments to the visitation schedule, such as extended visitation periods during holidays or summer break.

Child’s Preferences

As children grow older, their preferences may change. They may want to spend more time with one parent or participate in activities that conflict with the visitation schedule. Parents should remain flexible and open to discussing the child’s wishes while keeping their best interests in mind.

How The Renken Law Firm Can Help

At The Renken Law Firm, our Houston divorce attorneys understand the complexities of family law and are committed to helping clients navigate the intricacies of a Standard Possession Order. We offer a range of services to assist you, including:

Personalized Legal Guidance

Every family is unique, and our attorneys take the time to understand your specific situation. We provide personalized legal guidance tailored to your needs, ensuring that the SPO reflects the best interests of your child and family dynamics.

Mediation and Negotiation

If you and your spouse are unable to reach an agreement on a visitation schedule, our experienced mediators can facilitate discussions to find common ground. Mediation is a less adversarial approach that can lead to mutually beneficial outcomes and preserve a working relationship between parents.

Court Representation

In cases where an agreement cannot be reached through negotiation or mediation, our skilled attorneys are prepared to represent you in court. We advocate for your rights and work tirelessly to achieve a fair and equitable outcome.

Modifications and Enforcement

Life is unpredictable, and changes may necessitate a modification of the SPO. Our attorneys can assist you in filing for modifications and ensure that the changes align with the child’s best interests. Additionally, if one parent is not adhering to the SPO, we can help enforce the order through legal channels.

Comprehensive Support

Divorce is not just a legal process; it is an emotional journey. At The Renken Law Firm, we offer comprehensive support, including access to resources and professionals who can assist with the emotional aspects of divorce and co-parenting.

Why Choose The Renken Law Firm?

Expertise in Family Law

Our team of Houston divorce attorneys has extensive experience in family law, including custody and visitation matters. We stay updated on the latest legal developments and leverage our knowledge to provide the best possible representation for our clients.

Client-Centered Approach

At The Renken Law Firm, we prioritize our clients’ needs and goals. We take the time to listen to your concerns and work collaboratively to develop a legal strategy that aligns with your objectives.

Proven Track Record

Our firm has a proven track record of successfully handling divorce cases and securing favorable outcomes for our clients. We are dedicated to achieving the best possible results and protecting your rights and interests.

Compassionate Advocacy

Divorce can be emotionally taxing, and we approach each case with compassion and understanding. Our attorneys are not just legal advocates but also empathetic partners who guide you through the process with care and respect.

Houston Attorney for Standard Possession Order

Navigating a divorce and establishing a Standard Possession Order can be a daunting task. Understanding the intricacies of an SPO and how it impacts your family is essential for creating a stable and nurturing environment for your children. At The Renken Law Firm, our Houston divorce attorneys are here to support you every step of the way, providing expert legal guidance and compassionate advocacy. Our team is dedicated to helping you understand your rights and options, making the process as smooth and stress-free as possible.

Whether you are seeking to establish a Standard Possession Order, modify an existing arrangement, or enforce your rights, our experienced team is ready to assist you. We understand that every family situation is unique, and we work diligently to tailor our services to meet your specific needs. With a focus on clear communication and personalized solutions, we strive to achieve the best possible outcome for you and your children. Contact The Renken Law Firm today to schedule a consultation and take the first step towards a brighter future for you and your family. Together, we can work towards a resolution that respects your family’s needs and safeguards your children’s well-being.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

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Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. 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Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.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.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. 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