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Handling a family law case can be overwhelming, especially with issues like a supervised possession order in Texas. At the Law Office of Bryan Fagan, PLLC, we specialize in helping parents through these tough situations. Our experienced attorneys understand the complexities of supervised possession orders and are dedicated to guiding you through every step of the process. With our support, you can navigate these challenging issues with confidence and clarity.
What happens when your child is three or younger?
Yesterday’s blog post covered both Standard Possession Orders (SPO) and modified possession orders. The Texas Family Code defines SPOs as possession schedules, while you and your child’s other parent negotiate modified orders. For further details on each, you can refer to our blog post from yesterday.
When a child is over the age of three, there is a presumption that a Standard Possession Order (SPO) is in their best interest. This means that if parents cannot agree on a possession schedule, a judge will typically order an SPO unless there are compelling circumstances suggesting otherwise. However, this presumption does not apply if the child is three years old or younger.
In this situation, you and your child’s other parent can still agree to implement a Standard Possession Order (SPO) or create a customized parenting schedule that better suits both of your needs. Many parents opt for flexible work schedules when their child is young and not yet attending school full-time. If this applies to either of you, you can negotiate either an SPO or a modified possession schedule that accommodates your current circumstances and creates a practical possession arrangement.
As discussed in today’s blog and yesterday’s post, if you and your child’s other parent cannot reach an agreement on a schedule, a judge will intervene and determine one for you after a trial. Typically, the outcome will resemble a Standard Possession Order (SPO) due to judges’ limited ability to innovate possession schedules during trials, where they only get a brief snapshot of your lives. If you seek a more unique or flexible possession schedule, it’s advisable to settle outside of court with the other parent.
Supervised possession or visitation
Occasionally, situations arise where one or both parents require supervised visitation with a child. This typically stems from concerns related to violence, abuse, or neglect demonstrated by one or both parents. While these circumstances are fortunately not common, if you believe it’s necessary to restrict the other parent’s time with your child, continue reading to learn more.
In limited instances, parents typically agree to supervised visitation when there is substantial evidence against the other parent. For instance, recent criminal history and acknowledged misconduct may persuade the opposing parent to accept supervised visitation as the most viable option. Conversely, if the other parent perceives a low likelihood of court-ordered supervised visitation, reaching an out-of-court settlement becomes less likely.
Supervised visitation involves having a third party present, such as a family member, counselor, or state-approved supervisor, when the other parent has custody of your child. Most third-party supervisors charge for their services, and typically, it’s the parent requiring supervision who covers these costs.
If you’re navigating your child custody or divorce case without an attorney and need court-approve third-party supervisors, consider searching online or visiting the Texas Attorney General’s website for guidance. In addition to ordering supervised possession, court orders typically include provisions prohibiting the parent from consuming alcohol within 24 hours before their time with the child. This measure aims to ensure the child’s safety and promote responsible behavior by the other parent.
It’s important to note that supervised visitation may not be a permanent arrangement for the other parent. Many possession orders include “stairsteps” that allow the parent to transition gradually from supervised visits to more standard visitation schedules. This approach encourages responsible behavior and facilitates a shift towards a more typical visitation arrangement over time.
What effect, if any, does family violence play in determining a possession schedule for your child?
Family violence can significantly influence a judge’s decision in a family law case. Judges must consider any evidence of family violence presented during these proceedings as required by law. Custody and visitation arrangements often hinge on whether there is evidence of such violence or not.
While uncommon, some judges may completely restrict visitation with a child when there is a history of abuse and no demonstrated effort to address or correct that behavior. In such cases, the abusive parent may initially receive no visitation rights for an extended period. However, they may have the opportunity to request a stair-step provision in the court order or seek a modification in the future if their circumstances improve and they can show a commitment to addressing their behavioral issues.
Where do possession orders come from?
In Texas, there are several ways to obtain a possession order from a judge. As previously discussed, it’s often unnecessary to go to trial for these matters. Typically, parents in Texas reach agreements on parenting plans and possession orders through negotiation, either in mediation or informally with the assistance of their attorneys.
In Texas, divorces and Suits Affecting the Parent-Child Relationship (SAPCR) are the main avenues for securing custody and possession orders. SAPCR cases handle scenarios where unmarried parents seek initial custody or possession orders, or where divorced parents seek modifications due to changed circumstances since their divorce decree.
When paternity has not been established for a child, paternity cases may also include establishing a possession order once paternity is confirmed.
In conclusion, dealing with a family law case involving a supervised possession order in Texas can be overwhelming. However, with the right legal help, like that from the Law Office of Bryan Fagan, PLLC, you can make this process much smoother. Our skilled attorneys are committed to protecting your rights and working towards the best outcomes for your family during these important and sensitive legal matters.
Looking for an experienced family law attorney to represent you in your case? Contact the Law Office of Bryan Fagan, PLLC
The attorneys at the Law Office of Bryan Fagan, PLLC are prepared to assist you and your family in resolving any concerns related to child custody, possession, or divorce. We offer free consultations to individuals in our community who have questions or issues regarding these matters and more. Contact us today to schedule a consultation, where we can discuss your specific challenges and work towards finding effective solutions.
Other Related Articles:
- What Is It Like to Have Supervised Visitation During a CPS Case?
- Supervised Visitation in a Texas Divorce: Can it Happen to Me?
- Supervised Visitation: When Is It Necessary?
- Texas Standard Possession Order: January 2024
- Navigating the complexities of the Standard Possession Order
- What is a Standard Possession Order?
- Standard Possession Orders for Texas family law cases
- Managing three-day weekends under a Texas possession order
- What can Texas parents do regarding the exchange of children under a Texas standard possession order during the COVID-19 pandemic?
- What should parents do about exchanging their children under a Texas standard possession order when school is not in session due to COVID-19?
