In Texas, when the parties could not decide how they would like to handle parenting time, the Court often uses what is known as the “Standard Possession Order” or SPO. The SPO is more often used for children ages 3 and over. For children younger than that, the parenting plan arrangements vary depending on the particular judge and the situation of the child. See this blog for more info.
So what is the Standard Possession Order?
Texas Family Code §Sec. 153.312 - Sec. 153.317 defines the Standard Possession Order.
In summary, the Standard Possession Order is broken into several sections:
Parenting time for parents who reside under 100 miles from each other
Parenting time for parents who reside over 100 miles from each other
Parenting time for Summer possession
Parenting time for holiday possession
Weekend possession if extended by holidays
Alternative beginning and ending possession time
Unfortunately, the wording for the SPO is long and complex. Therefore, you need to be careful when you try to interpret and follow the Order.
For example, the parenting time for those residing under 100 miles and for those residing over 100 miles apart include weekend visitations. However, the start and end time, and duration and frequency for those visitations are different (even though the wording may be similar at first sight.) There may also be differences in the pick-up and drop-off practices. Summer possession have similar issues as in the wording are mostly similar, but the duration and dates for the possession times may vary. Parents are sometimes confused by this and not sure which one they should follow.
There is also an alternative option for possession time (item 6) that can be requested by election. Sometimes the election is made before the Order is drafted, and is subsequently included in the Order. Sometimes the election can be requested by the parties under specific conditions as set forth in the Order that is to be done between the parties only. That may sometimes be overlooked by parents trying to figure this out after the case is over.
If you are involved in a custody battle, or are trying to understand what the Order is saying, you should speak with an experienced family law attorney. It is better to have a professional explain it to you, than to have you guess on your own and risk violation of the Order.
The content provided in this blog is for informational purposes only. This is not legal advice, and your viewing of this blog does not form any attorney-client relationship.
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