In a Texas child custody case, dividing possession time between co-parents is crucial. The Standard Possession Order (SPO) is the most frequent method used. It outlines a clear schedule for your time with your child. Terms like ‘possession,’ ‘access,’ and ‘visitation’ might seem interchangeable, but they all focus on when you physically have your child.
Under an SPO, the non-custodial parent—often referred to as the parent with visitation rights—has the child from 6:00 pm to 8:00 pm every Thursday. Additionally, possession extends to the first, third, and fifth weekends of each month during the school year. If you have visitation rights, you can also alternate holiday possession with your co-parent and secure at least one month of consecutive possession in the summer.
Your parenting plan might differ, but this framework is what the Texas Family Code typically includes. The SPO also specifies where you and your co-parent will exchange possession of your child, eliminating any confusion about drop-off or pick-up locations. While there is room to negotiate pickup points informally, the court order primarily guides these exchanges.
Such arrangements offer stability and consistency, benefiting both parents and children. Understanding and utilizing an SPO can make managing possession time more predictable and less stressful for everyone involved.
Exceptions to using an SPO
As with many things in the law, there are exceptional situations where an SPO would not be appropriate to utilize. For one, if your child is under the age of three then the visitation arrangements of an SPO would not be in their best interests. This is because a child of that age would need to have more consistent time with one parent, probably mom, and would not be able to be away from her for an extended period. SPOs are better for older children who do not need a consistent level of contact with one parent or the other.
Another situation that may not mesh well with an SPO is when a child has a physical or mental disability. Again, an SPO is a regimented method of dividing parenting time throughout the year. If your child does not do well with these transition times going in between homes, then the SPO may be difficult for your little one. In cases like that you should be mindful to create a possession schedule that suits your child and is in their best interest.
Can you deviate from the SPO?
Yes, you and your co-parent can modify your Standard Possession Order (SPO). However, you both must agree to these changes. Make sure you fully agree on any modifications before proceeding. For instance, if you decide to swap possession weekends for any reason, ensure this agreement is in writing to avoid future disputes.
The last scenario you want is an agreement in principle about changing your possession schedule, only to have your co-parent retract at the last moment. These situations do occur and can significantly disrupt family dynamics. Always consider this risk when negotiating temporary adjustments to a court order.
If disagreements arise over informal modifications, you must revert to the original SPO. Therefore, it’s wise to agree on short-term, week-by-week changes rather than committing to long-term plans. This approach prevents any unexpected changes your co-parent might introduce later.
Consulting with a seasoned family law attorney from the Law Office of Bryan Fagan can effectively address issues with an existing court order. Our attorneys can assist you in negotiating necessary modifications without straining your finances. We advocate daily for our clients in southeast Texas courtrooms and are committed to achieving their objectives. A consultation with our attorneys, offered at no charge, is just a phone call away.
Child support and SPOs
Child custody orders generally involve child support payments managed through the Office of the Attorney General Child Support Division. A Standard Possession Order (SPO) is seen as the minimal acceptable possession time for a noncustodial parent, believed to best serve the child’s interests. However, proving an SPO unsuitable requires substantial evidence.
For instance, if a noncustodial parent has not previously been involved in the child’s life, an SPO might not be appropriate. This scenario often arises when an absentee parent suddenly seeks involvement upon initiation of a family law case. Judges are adept at recognizing such behaviors, and a parent might need to gradually increase their possession time, demonstrating commitment to fostering a relationship.
Concerns about family violence also impact possession decisions. A history of violence can lead courts to doubt whether an SPO serves a child’s best interests. Relevant incidents, especially those within two years of the case filing, and any existing restraining orders against a co-parent are critical evidence. In such cases, supervised visitation might be the most suitable form of possession.
An SPO may not suit children under three due to developmental needs like breastfeeding. Fathers can seek more time through stair-step custody arrangements, allowing gradual possession increases.
Before agreeing to any custody order, ensure your attorney is fully informed about any specific issues or concerns, as effective communication is key to robust representation. Also, thoroughly review the court order yourself; a well-understood and clearly defined order is crucial for future enforcement and adaptability.
Mistakes in the order must be addressed before signing. Ambiguities can render an order unenforceable, undermining its intended protective measures. While informal adjustments with your co-parent are common and encouraged for minor issues, the court order remains a critical fallback when disagreements arise, ensuring that a structured framework supports your child’s welfare.
Is there a difference between possession and access to your child?
Possession refers to the ability to be physically with your child. Possessing your child means physically being able to direct where your child goes and dictate who he or she spends their time with. On the other hand, access has more to do with being able to interact with your child without possessing him or her. An example of this would be attending a sporting event for your child. While at the gymnasium, you could cheer on your son. However, when the game is over you could head over to say hello to your child, but you would not be able to take your child home with you unless it was your visitation time. Interacting with your child in this way would be the same as calling him after school during your co-parent’s period of possession.
Can you see your child even if you do not have a court order?
It can be challenging for any parent to seek child visitation without a formal order in place. If your child doesn’t live with you, you depend on your co-parent to facilitate visitation periods. Even with a trustworthy co-parent, a court order detailing specific possession times offers significant peace of mind.
Filing a child custody case is the best way to secure a Standard Possession Order (SPO). Many parents rely on informal agreements until conflicts make this approach untenable. Informal agreements can fail when trust erodes, especially regarding child support, possession, or conservatorship rights.
The drawback of informal possession agreements is the lack of recourse if your co-parent reneges. Imagine planning to pick up your children for a weekend possession, only to receive a last-minute cancellation text from your co-parent. Such situations can be heartbreaking, and without a formal agreement, you have no legal means to enforce your rights.
Informal coordination of visitation and possession relies solely on trust. If your co-parent breaks their promise, you cannot use these informal agreements in court to hold them accountable. In contrast, a formal court order under an SPO provides enforceable visitation and possession rights.
Co-parenting involves numerous factors and decisions. Before heading to court, consider your objectives: What are your main goals? How do you plan to achieve them? Reflect on these questions, then think about consulting the Law Office of Bryan Fagan. Our attorneys work daily in Texas courtrooms, advocating for clients in situations like yours. We’re dedicated to understanding each client’s needs, helping achieve their goals, and protecting their family interests.
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, 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 how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Other Related Articles:
- Navigating the Standard Possession Schedule 55/45 Custody Schedule
- Common Possession and Visitation Schedule Questions
- Spring Break Visitation and Possession: A Breakdown for Texas Families
- Thanksgiving and Christmas Possession for Texas families
- Possession and Access Schedules for Parents Who Live More Than 100 Miles Apart
- What Is a Standard Possession Order and How Does It Impact the Visitation I Have With My Kids?
- The Impact of Juneteenth (and Other Federal Holidays) on Possession and Visitation Schedules
- Understanding Child Visitation and Standard Possession Orders in Texas: A Detailed Guide by the Law Office of Bryan Fagan
- Managing three-day weekends under a Texas possession order
- Possession Orders Explained for Texas Family Law Cases
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
