What every Texas family needs to know about Standard Possession Orders (SPO)

When it comes to a divorce with a child(ren) or child custody cases, one of the most common and important issues families face is determining a fair and workable visitation schedule. In Texas, the court may default to something called a Standard Possession Order (SPO) when determining how much time a child will spend with each parent. But what does that imply, and how does it affect families in real life? The court is always looking at what is in the best interest of the child(ren)-Sec.153.002 Texas Family Code.

As a family law attorney in Texas, it’s essential to understand how the SPO works so that you can navigate the complex legal landscape and make informed decisions for your family. This post breaks down what a Standard Possession Order is, how it is structured, and how it may impact your family.

What is a Standard Possession Order?

A Standard Possession Order (SPO) is a visitation schedule created in the Texas Family Code that sets guidelines for possession/parenting time. This outlines how parents share time with their child(ren). While parents can negotiate a schedule that works best for their family, the court may apply the SPO when parents can’t agree on visitation terms; keeping in mind that the court will always consider what is in the best interest of the child(ren).

The Standard Possession Order is typically designed to ensure that the non-custodial parent (the parent the child doesn’t live with full-time) has regular, meaningful access to the child. This order aims to maintain a strong relationship between the child and both parents while considering the best interest of child along with other family dynamics.

Key Components of the Standard Possession Order

The SPO generally lays out two main schedules for possession/parenting time: the first third weekends of each month and weekdays. Below is a general look at what the SPO looks like:

1. First, Third and Fifth Weekend Schedule: The non-custodial parent typically gets to see the child on the first, third and fifth weekends of each month, from Friday evening until Sunday evening. The exact time may depend on what is best for the child’s age and the parents’ circumstances.
2. Weekdays: In addition to weekends, the SPO often includes weekday visitation. For example, the non-custodial parent may have access to the child one evening during the week, often on a Thursday. This allows for regular interaction and keeps the relationship strong.
3. Holidays and Special Occasions: The SPO usually includes a schedule for holidays, birthdays, and other significant events. Schedules are divided between both parents to ensure that each parent has a chance to spend time with the child on special occasions.
4. Summer Vacation: The SPO typically includes provisions for longer visits during the summer. The non-custodial parent may get extended time with the child during this period to allow for more bonding time and to accommodate vacations.

Again, this is a brief look at the SPO, all details of the SPO are not included.

How the Standard Possession Order Affects Texas Families

The SPO can have a significant impact on family dynamics, both positively and negatively, depending on the unique circumstances of each case. Here are a few ways the SPO might influence families:

1. Consistency and Stability for the Child: One of the primary goals of the SPO is to provide the child with consistent and stable access to both parents. Regular visitation helps maintain emotional stability, and the child is more likely to develop strong relationships with both parents, even if they are no longer living together.
2. Flexibility for Parents: While the SPO is a guideline, it’s not set in stone. Parents have the flexibility to modify the schedule based on their work hours, special needs, or other personal factors; as long as it is in the best interest of the child. The SPO is meant to serve as a framework that can be adjusted to accommodate the realities of family life.
3. Disputes Between Parents: Although the SPO is designed to make things easier, it can lead to disagreements. As in any family, clear communication can often help resolve these issues, but it’s important to remember that the SPO serves as a starting point for creating a fair arrangement that is in the best interest of the child.
4. Impact on the Child’s Relationship with Both Parents: One of the key benefits of the SPO is that it encourages the child to spend time with both parents. This helps the child feel connected to both sides of their family and can reduce feelings of confusion or guilt. Ultimately, the goal is to foster a positive co-parenting relationship that supports the child’s best interests.

Can the Standard Possession Order (SPO) Be Changed?

Yes, the Standard Possession Order can be modified if there is a significant and material change in circumstances and, it is in the best interest of the child.

If parents cannot agree on changes to the SPO, then they may need to seek court intervention. As always, it is best to have an experienced family law attorney guide you through the process.

Final Thoughts

The Standard Possession Order is designed to balance the needs of the child with the rights of both parents. While it is a good starting point for many families, it is important to tailor the visitation schedule to your child’s circumstances. Whether you’re seeking a divorce or facing a custody dispute, understanding the SPO can help you make informed decisions and reduce the stress of navigating custody arrangements.

If you are struggling with a custody dispute or need help understanding how the Standard Possession Order may apply to your family, it is always a good idea to consult with a knowledgeable family law attorney. They can offer guidance, answer your questions, and help ensure that the best interests of your child are upheld throughout the process.

If you need assistance with your family law case in Texas, feel free to reach out to our office for a consultation. We are here to help you through every step of the process. Contact our office or call our office at (512) 338-9800.

Notice
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.