Standard Possession Order (SPO)
Explanation: The Standard Possession Order is the most common arrangement in Texas and is presumed to be in the best interest of the child for parents who live within 100 miles of each other. It outlines specific times when the child will be with each parent.
Key Details:
- The non-custodial parent typically has possession:
- 1st, 3rd, and 5th weekends of each month.
- Thursday evenings during the school year.
- Alternating holidays (e.g., Thanksgiving, Christmas).
- Extended time during summer (usually 30 days).
Example: “If you live close by, the SPO allows the child to spend time with the other parent on weekends and one evening a week, plus holidays and an extended period during the summer.”
Extended Standard Possession Order
Key Details: The non-custodial parent typically has possession on:
- 1st, 3rd, and 5th weekends of each month.
- Thursday evenings during the school year.
- Alternating holidays (e.g., Thanksgiving, Christmas).
- Extended time during summer (usually 30 days).
50/50 Possession Schedule
Explanation: This schedule allows for equal time with the child, often used when both parents are highly involved and live close to each other. There are various ways to split time equally, such as week-on/week-off or 2-2-3 schedules.
Key Details:
- Balanced time: The child spends equal time with both parents.
- Requires close cooperation: Works best when parents communicate well and live close to each other.
Example: “If you both want equal time with your child and can work closely together, a 50/50 schedule like alternating weeks can ensure your child gets quality time with each parent.”
Custom or Modified Possession Order
Explanation: This is a flexible arrangement tailored to the specific needs of the family. Parents can agree on a schedule that works best for them, which can be different from the Standard Possession Order.
Key Details:
- Completely customizable: Parents work together to create a schedule that fits their lives and the child’s needs.
- Can include creative solutions: like splitting weekdays, alternating weeks, or different summer arrangements.
Example: “If your work schedule is unusual or you both agree on a different routine that works better for your child, you can create a custom plan that the court can approve.”
Possession for Parents Living Over 100 Miles Apart
Explanation: When parents live far from each other, the possession schedule adjusts to account for travel time and the distance. The non-custodial parent typically gets less frequent but longer periods of possession.
Key Details:
- One weekend a month: The non-custodial parent usually has possession one weekend a month.
- Longer periods during holidays and summer: Extended time during school breaks and holidays to make up for the distance.
Example: “If you live more than 100 miles apart, the child might spend one weekend a month and longer periods during holidays and summer with the other parent to balance the travel time.”
Supervised Possession
Explanation: In situations where there are concerns about the child’s safety or well-being, supervised possession may be ordered. This means the non-custodial parent can only see the child under the supervision of a neutral third party.
Key Details:
- Safety-focused: Ensures the child is safe during visits.
- Supervised by a professional or trusted individual: Visits take place in a controlled environment.
Example: “If there are safety concerns, supervised visits ensure that your child can still have a relationship with the other parent in a safe and controlled environment.”