Possession and Access Schedules for Parents Who Live More Than 100 Miles Apart

The post-divorce landscape brings its share of challenges, especially when it comes to establishing a parenting schedule that works for both parties and, most importantly, serves the best interests of the child involved. For parents residing more than 100 miles apart, the logistics of visitation become even more complex. The “Texas Standard Possession Order over 100 miles” offers a framework to guide these families in creating a possession schedule that accommodates the distance, ensuring meaningful parent-child relationships are maintained despite the miles between them.

This brief overview explores the adaptations and considerations necessary to craft a functional and fair parenting plan under these circumstances.

Texas Standard Possession Order Over 100 Miles: Enhanced Time During School Breaks and Summers

Maximizing Off-School Periods

For parents living more than 100 miles apart, the law compensates for less frequent visitation during the school year by granting additional time during school breaks and summer vacations. This approach aims to balance the visitation schedule, ensuring children and parents make the most of their time together.

Spring Breaks and Summer Vacations

• Spring Breaks: Unlike closer living situations where parents alternate spring break possession, long-distance parents receive guaranteed access to every spring break, allowing for uninterrupted quality time.
• Summer Vacations: The standard arrangement extends summer visitation from thirty to forty-two days for long-distance parents. This extension provides an ample opportunity to strengthen the parent-child bond.

The legal framework supports these modifications, recognizing the importance of maintaining strong relationships despite geographical challenges.

Beyond Standard: Exploring Alternate Possession Orders

The Expanded Standard Possession Order (ESPO)

The ESPO offers an alternative that can significantly benefit the noncustodial parent. It closely resembles the standard possession order but includes additional time for the noncustodial parent, enhancing their ability to engage in daily activities and responsibilities with their child.

ESPO Benefits for Long-Distance Parents

• Early School Pickups and Extended Weekends: The ESPO allows the visitation weekend to start when the child’s school day ends on Friday and continues until school resumes on Monday, maximizing the parent’s time with the child.
• Midweek Visitation: This order also opens the possibility for a midweek overnight visit, further increasing the noncustodial parent’s involvement in the child’s routine.

These adjustments to the possession schedule not only cater to the logistical needs of long-distance parenting but also prioritize the child’s well-being and the parent’s active participation in their life.

Split Custody: An Alternative Approach

Understanding Split Custody

Split custody emerges as an alternative, allowing children to divide their time more evenly between parents. Family courts may consider this option under specific circumstances, seeking to balance the child’s needs with the logistical realities of parental living arrangements.

Achieving Split Custody Outside Court

• Negotiation: Parents can often reach a split custody agreement through negotiation, avoiding the uncertainties of court decisions.
• Cooperative Parenting Benefits: This approach fosters a spirit of cooperation, ensuring that decisions prioritize the child’s welfare and support a positive post-divorce family dynamic.

Texas Standard Possession Order Over 100 Miles: Special Considerations for Parents of Children Under 3

Tailored Possession Schedules for Young Children

Infants and toddlers require possession schedules that accommodate their developmental stages. Courts often implement “stairstep” schedules, which gradually increase the noncustodial parent’s visitation time as the child grows, ensuring stability and consistency.

Factors Influencing Custody Arrangements

• Parental Roles: Active involvement in childcare by both parents can support more equitable custody arrangements.
• Work Schedules: Parents with flexible jobs may secure more favorable visitation schedules, reflecting the importance of availability in early childhood.
• Child’s Needs: Courts consider the child’s physical, mental, and emotional needs, tailoring custody arrangements to serve their best interests effectively.

Addressing the unique needs of younger children in custody arrangements underscores the importance of adapting possession schedules to support their development and well-being while considering the practical aspects of parental roles and responsibilities.

Split Custody: An Alternative Approach

Understanding Split Custody

Split custody emerges as an alternative, allowing children to divide their time equally between parents. Family courts might consider this arrangement under specific conditions that ensure the child’s best interests remain at the forefront.

Achieving Split Custody Through Negotiation

Parents often find success in negotiating split custody agreements outside of court. This collaborative approach fosters a cooperative parenting environment, benefiting the child’s well-being and development post-divorce.

Special Considerations for Parents of Children Under 3

Tailoring Possession for Young Children

Infants and toddlers require possession schedules that accommodate their unique developmental needs. “Stairstep” schedules gradually increase the noncustodial parent’s visitation time, aligning with the child’s ability to adapt to longer separations.

Influential Factors in Custody Arrangements

The arrangement for young children considers several key factors:

• Parental Roles: Active involvement from both parents supports a stable environment for the child.
• Work Schedules: Flexible work arrangements are crucial for accommodating the needs of young children.
• Child’s Needs: The child’s physical, mental, and emotional requirements guide the customization of the custody arrangement.

Conclusion

Crafting a possession schedule for parents living over 100 miles apart or for those with very young children requires thoughtful adaptation of standard practices. Whether through modified standard orders, split custody, or special considerations for infants and toddlers, the ultimate goal remains the same: to foster a nurturing and stable environment for children post-divorce. By focusing on flexibility, cooperation, and the child’s best interests, parents and courts can develop arrangements that support meaningful parental involvement and child well-being.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week in person and come over the phone and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce or child custody case.