Within the legal milieu of divorce and paternity cases, visitation rights and schedules typically fall under the purview of a document known as the Texas Standard Possession Order (SPO). The Court establishes this Order to provide clarity and structure to the visitation schedule, thus reducing potential stress for both parents.
When a marriage or partnership comes to an end and a divorce or separation occurs, one of the paramount concerns that invariably surfaces is the determination of visitation arrangements for both parents and their children. This issue assumes critical importance as it impacts the emotional health of all involved, particularly the children.
An Overview of the Texas Standard Possession Order (SPO)
The primary legal mechanism for regulating visitation rights in the state of Texas is encapsulated within The Family Code. The standard visitation Order, otherwise known as the Texas Standard Possession Order (SPO), forms the bedrock of this legislation. This Order is a comprehensive document that serves to detail various fundamental aspects related to visitation arrangements. Its purpose is to ensure that both parents are fully cognizant of their rights and responsibilities as regards their children’s visitation.
The SPO encompasses several key components that together establish the visitation structure:
Establishment of Visitation Start and End Times
One of the primary responsibilities of the SPO is to provide clear and unequivocal guidelines about the exact times when visitation periods are to begin and end. By explicitly specifying these timeframes, the SPO guarantees that consistency is maintained in the visitation schedule, thereby enabling parents to plan their own schedules with confidence.
Facilitating Pickups and Drop-offs
The SPO goes a step further in its efforts to promote smooth transitions by outlining the processes and procedures for picking up and dropping off the children between the parents. With the aim of reducing the chances of conflict and fostering a collaborative co-parenting environment, the SPO provides explicit instructions to guide this crucial aspect of visitation.
Designation of Holiday Visitation
Understanding the importance of holidays to the familial unit, the SPO takes this factor into account when determining visitation rights. The SPO specifies which parent will have custody of the children during particular holidays throughout the year. This arrangement ensures an equitable distribution of holidays between parents, allowing both parties to spend meaningful and quality time with their children during these cherished moments.
Regulation of Birthday Visitation
The SPO also recognizes the importance of birthdays in a child’s life and addresses the visitation schedule for each parent during their children’s birthdays. By offering clarity on how birthdays are to be shared and celebrated, the SPO seeks to alleviate confusion and reduce the likelihood of disputes.
In its quest to ensure the safety and well-being of the children, the SPO stipulates who, other than a parent, can pick up the children. By specifying these authorized individuals, the SPO offers further clarity on who can be part of the visitation process.
Flexibility: Customizing the Texas Standard Possession Order (SPO)
While the Texas Standard Possession Order is a detailed legal document, often extending over ten or more pages, it also allows for customization to cater to the unique circumstances and specific requests of the parents. Certain elections or provisions can be added to the SPO, tailoring it to the individual needs and preferences of each family. This flexibility helps maintain the best interests of the children while accommodating the parents’ preferences.
Weekend Visitation: The Significance of Quality Time
A common provision in the Texas Standard Possession Order is the granting of weekend visitation rights to the “Possessory Conservator” (the parent with the right to visitation). This arrangement typically dictates that the Possessory Conservator has visitation on the first, third, and fifth Fridays of each month, with each visitation period beginning at 6:00 p.m. on Friday and concluding at 6:00 p.m. on Sunday.
In addition, the SPO provides an election option regarding weekend visitation. Rather than returning the child on Sunday at 6:00 p.m., the parent can choose to extend the visitation period and return the child to school on Monday following the weekend. This option increases the duration of quality time a parent can spend with their child and potentially reduces the amount of interaction between the parents, particularly useful if they have a contentious relationship.
It’s important to note that having visitation on the 1st, 3rd, and 5th weekends of the month is distinct from having visitation every other weekend. Not every month includes a 5th weekend, and during months that do, the parent exercising standard possession will experience two consecutive weekends of visitation. The week following the 5th weekend becomes the 1st weekend of the next month, thus granting the parent an extended visitation period.
Weekday and Thursday Visitation: Consistency and Regular Contact
Beyond the domain of weekend visitation, the SPO also confers visitation rights during the regular school term to the Possessory Conservator. This includes the provision for visitation every Thursday, commencing at 6:00 p.m. and terminating at 8:00 p.m. on the same day. Regular weekday visitation offers an additional opportunity for the parent to maintain close contact with their child during the week.
The SPO provides an election regarding Thursday visitation as well. The Possessory Conservator can opt to start visitation when school ends on Thursday and continue until school begins on Friday. This election enables the Possessory Conservator to have at least one overnight stay per week. If combined with the weekend election, this could result in a more extended weekend period of possession, ensuring regular and meaningful interaction with their child.
It’s crucial to note that the Thursday periods of visitation are only applicable during the regular school term. In contrast, weekend periods of possession occur throughout the year, fostering a balanced visitation schedule for the parents and children.
Looking Ahead: An Insight into Holiday Possession
In our subsequent article, we will provide a deeper exploration of the concept of holiday possession under the Texas Standard Possession Order. Holidays hold significant emotional value for families, and understanding visitation arrangements during these times is crucial for effective co-parenting. We will examine the specific guidelines, considerations, and provisions outlined in the SPO with regards to holiday visitation. This information will be invaluable for parents in planning and navigating these significant occasions in their children’s lives.
By addressing visitation arrangements in a comprehensive manner, the Texas Standard Possession Order strives to provide structure, clarity, and fairness for both parents involved in a divorce or separation. It aims to uphold the best interests of the children while facilitating parents to maintain healthy relationships and active involvement in their children’s lives.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
