Understanding the Standard Possession Order in Texas
The Standard Possession Order (SPO) is presumed to be the appropriate child-sharing schedule for divorced or separated parents in Texas. However, the SPO is only a starting point. It can be (and often is) deviated from. You may be able to get more time with your kids than is called for by the SPO. Our child custody attorney explains what you need to know about the differences from the Standard Possession Order in Texas.
What is the Standard Possession Order in Texas?
In Texas, the Standard Possession Order or SPO is effectively the default visitation plan in child custody cases. The SPO is codified in the Texas Family Code (Sections 153.3101 through 153.317). Along with other provisions, it outlines specific times when the non-custodial parent (possessory conservator) may have possession of the child.
What are the specifics of the SPO? For parents who live within 50 miles of each other, the SPO typically provides visitation on the first, third, and fifth weekends of each month, one weeknight during the school week, alternating holidays, and extended time during summer vacation.
Key Point: Courts in Texas assume the SPO is best if parents live within 50 miles of each other. If you want more time than it calls for, you need to prove that a deviation is warranted.
You Absolutely Can Seek More Time than the Standard Order in Texas
Although the SPO is presumed appropriate, it is not mandatory in every case. Texas courts make custody and visitation decisions based on the overarching “best interests of the child” standard (Tex. Fam. Code § 153.002). Suppose one parent demonstrates that the standard schedule does not adequately meet the child’s needs (or that additional time with the child serves their best interests). In that case, the court has discretion to order expanded or alternative visitation.
You May Have a Strong Case for Expanded Possession
The law for custody and visitation changed in Texas in recent years. In 2021, it was amended to broaden access to non-custodial parents through a tool called the Expanded Standard Possession Orders (ESPO). Under the new provision, a parent can request an ESPO, which allows for more extended weekend periods (beginning when school is dismissed on Friday and ending when school resumes on Monday) and increased weeknight parenting time. Courts are often willing to grant an ESPO for the parents to live within 50 miles of each other, unless there is evidence showing that the expanded schedule is not in the child’s best interests.
Contact Our Pearland, TX Child Custody Lawyer Today
At The Powell Law Firm, our Pearland child custody attorney is always prepared to go the extra mile to do right by clients. If you have any questions or concerns about the standard possession order in Texas, we can help. Please do not hesitate to contact us today for a fully confidential initial case review. With an office in Pearland, we handle custody cases throughout Southeast Texas.
