Divorcing or separating parents in Texas often face challenges when it comes to determining custody arrangements. The Texas Standard Possession Order (SPO) provides a clear framework for visitation schedules, ensuring that both parents have the opportunity to maintain meaningful relationships with their children. Whether you’re navigating shared custody for the first time or seeking clarity on your legal rights, understanding the SPO is essential.
What Is the Texas Standard Possession Order?
The Standard Possession Order is a court-approved visitation schedule designed to outline the time each parent spends with their children. It applies to children over the age of three and is intended to support the child’s best interests. While some parents may collaborate to create a customized arrangement, the SPO serves as the default schedule if parents cannot reach an agreement.
How the SPO Works
The Texas SPO divides parenting time between the custodial parent (the one with primary custody) and the non-custodial parent (the one with visitation rights). The schedule generally includes:
Weekends: The non-custodial parent typically has the children on the first, third, and fifth weekends of each month.
Weekdays: One evening visit during the week is included, usually on Thursdays, for several hours.
Holidays: Holidays are split between parents, alternating years to ensure fairness. For example, one parent may have the children for Thanksgiving one year, while the other has them the next.
Summer Vacations: The non-custodial parent typically has an extended visitation period during the summer months, often 30 days or more.
These guidelines provide a balanced approach, ensuring both parents maintain regular contact with their children.
Holidays and the Standard Possession Order
Holidays are often a contentious issue for divorced or separated parents. The Texas SPO addresses this by creating a fair system of alternation. For example:
- Thanksgiving: Parents alternate custody every year.
- Christmas: The holiday is divided into two segments—one parent may have custody from the last day of school until noon on December 28, while the other has custody from December 28 until school resumes.
- Spring Break: Alternating custody each year ensures parents share this special time with their children.
This schedule promotes stability for the children while allowing both parents to participate in meaningful holiday traditions.
Customizing the Standard Possession Order
While the SPO provides a reliable framework, parents can modify the arrangement through mutual agreement if it benefits the child. For instance, parents with young children under three years old or those with unique circumstances may need a tailored approach. Courts are open to approving alternative schedules if both parents agree and the proposed changes support the child’s best interests.
Enforcing and Modifying the SPO
If one parent fails to adhere to the terms of the SPO, the other parent has legal recourse. Texas courts take custody agreements seriously, and violations can result in legal penalties. Additionally, if circumstances change—such as a parent relocating or a child’s needs evolving—the SPO can be modified through the court system.
The Importance of Co-Parenting with the SPO
While the Standard Possession Order provides structure, successful co-parenting relies on communication and flexibility. Parents should strive to:
- Respect each other’s time: Adhere to the schedule and avoid last-minute changes.
- Prioritize the child’s needs: Focus on creating a positive experience for your child, even if it requires personal compromises.
- Communicate effectively: Maintain open lines of communication to address any scheduling conflicts or concerns.
By working together, parents can ensure their children feel loved and supported, even in the midst of challenging custody arrangements.
Navigating the SPO with Davis, Ermis, and Roberts
Understanding and implementing the Texas Standard Possession Order can feel overwhelming without proper guidance. If you’re unsure about your rights or need assistance drafting or modifying an SPO, consulting with an experienced family law attorney is crucial.
At Davis, Ermis, and Robert, we’re here to help you navigate the complexities of child custody and visitation. Whether you’re establishing a custody arrangement for the first time or seeking to enforce or adjust an existing order, our team is dedicated to protecting your rights and the best interests of your child.
Contact us today to schedule a consultation and take the first step toward creating a custody plan that works for your family.