Navigating a divorce or custody arrangement in Texas can be complex, particularly when it comes to understanding possession orders. This guide provides a comprehensive overview of standard possession orders in Texas for 2024, addressing common questions and concerns. While this information is for general understanding and should not be considered legal advice, it aims to clarify the key aspects of these orders. Always consult with a qualified Texas family law attorney for advice specific to your situation.
What is a Standard Possession Order in Texas?
A Standard Possession Order (SPO) in Texas outlines the schedule for a non-custodial parent's visitation with their children after a divorce or custody determination. It's designed to provide a framework for consistent and predictable access, aiming to balance the needs of both parents and the best interests of the child. The specifics of an SPO can vary based on the circumstances of each case, including distance between the parents' residences.
Key Features of a Standard Possession Order:
- Expanded Standard Possession Order: This applies when the parents live within 50 miles of each other. It typically grants the non-custodial parent visitation on weekends, holidays, and specific periods during the summer.
- Modified Standard Possession Order: This is used when parents live over 50 miles apart. It often incorporates travel arrangements and may adjust the visitation schedule to accommodate the distance.
- Parents' Agreement: While the court may order an SPO, parents can often agree to a customized schedule that's incorporated into the final order.
- Best Interests of the Child: Ultimately, the judge's decisions regarding custody and visitation schedules are always guided by the "best interests of the child" standard.
What are the Visitation Rights of the Non-Custodial Parent in Texas?
The visitation rights of the non-custodial parent under a standard possession order are fairly extensive. These rights typically include:
- Weekend Visits: Regular weekend visits, usually alternating weekends.
- Holidays: Specific holidays are typically allocated to the non-custodial parent.
- Summer Visitation: A substantial period of summer visitation, often ranging from 30 to 45 days.
- Spring Break: Depending on the judge's determination, the non-custodial parent may also be granted spring break visitation.
How Does Distance Affect the Standard Possession Order?
The distance between the parents' residences significantly influences the specifics of the SPO.
- Less than 50 miles: The Expanded Standard Possession Order usually applies. This facilitates more frequent and extended visits.
- More than 50 miles: The Modified Standard Possession Order comes into play, adjusting the schedule to account for travel time and distance. This might involve more reliance on longer, less frequent visits.
What if the parents live more than 100 miles apart?
When parents live more than 100 miles apart, the court may adjust the visitation schedule even further. This might include designating specific pick-up and drop-off locations to minimize travel burdens. The goal remains facilitating meaningful interaction between the child and the non-custodial parent while considering the child’s best interest.
Can a Standard Possession Order be Modified?
Yes, a standard possession order can be modified if there's a material and substantial change in circumstances. This could include:
- Relocation of a parent: A significant change in distance between parents.
- Change in the child's needs: The child's evolving needs may necessitate modifications to the visitation schedule.
- Concerns about a parent's conduct: Evidence of substance abuse, domestic violence, or neglect can lead to modifications.
Any modification requires a formal court process and needs sufficient evidence to justify the requested change.
What if One Parent Refuses to Follow the Standard Possession Order?
If a parent refuses to comply with the court-ordered possession schedule, the other parent can seek enforcement through the court. This might involve filing a motion to enforce the order or seeking sanctions against the non-complying parent. Contempt of court is a possibility for willful non-compliance.
This information provides a general overview. The specifics of your situation will depend on your unique circumstances. It is crucial to seek advice from a qualified Texas family law attorney for personalized guidance and representation.
