Understanding Standard Possession Order in Texas

Many couples who are going through a divorce find it difficult to agree on child custody and visitation schedules. Fortunately, Texas has a legal tool that can be used to schedule visitation periods and establish a parenting plan. This tool is called a Standard Possession Order (SPO).

Practical and Fair Solution for Both Parents

The SPO is designed to achieve a practical and fair balance for both parents. It establishes a visitation schedule for the noncustodial parent, which typically begins at 6 p.m. on the first, third, and fifth Friday of each month, and ends at 6 p.m. on the following Sunday. Additionally, during the school year, the noncustodial parent is entitled to a possession period from 6 p.m. to 8 p.m. every Thursday. In the summer months, the noncustodial parent can have the children for 30 consecutive days, unless the distance between the noncustodial parent’s residence and the children’s primary residence is over 100 miles. In that case, the noncustodial parent is entitled to an additional 12 days during the summer.

Expanded Possession Order

Noncustodial parents may also choose an expanded Standard Possession Order, which allows them to start their visitation period when school is dismissed on the first, third, and fifth Friday of the month, and end it when school resumes on the following Monday morning. This option must be selected in writing before or at the time that the judge issues the possession order.

Holiday Visitation Schedules

The SPO also establishes holiday visitation schedules, with each parent having possession of the children for specific holidays on alternate years. Holidays and school breaks are equally divided throughout the year.

Modification of Orders

In some cases, extenuating circumstances may require the modification of the possession order. Child custody and visitation rights can be complex and critical issues in family law. Therefore, it is often advisable for divorcing parents to seek the guidance of a family law attorney during and after the divorce process.

Source: State Bar of Texas, “Pro Se Divorce Handbook “, October 18, 2014

Related Posts: Important documents in child custody disputes, The challenges and advantages of parallel parenting, How ‘birdnesting’ may make shared custody easier post-divorce, Responsibilities custodial parents may have