Navigating Custody and Possession Orders in Texas: Essential Information for Parents

Possession orders, also known as custody orders or parenting plans, are critical components in Texas family law cases involving children. These orders determine when each parent will have possession of their child and the conditions of that possession. Understanding the intricacies of possession orders can help parents navigate the legal system more effectively and ensure the best outcomes for their children.

Key Takeaways

• Possession orders determine the times and conditions under which each parent has access to their child.
• Texas offers standard, modified, and custom possession orders to fit various family needs.
• Courts consider the child's best interests when determining possession orders.
• Understanding the legal terms and processes can significantly impact the outcome of a family law case.

Types of Possession Orders

Standard Possession Order (SPO)

The Standard Possession Order (SPO) is the default schedule used by Texas courts for parents who live within 100 miles of each other. It typically grants the non-custodial parent possession every first, third, and fifth weekend of the month, Thursday evenings during the school year, and alternating holidays.

• Weekends: 1st, 3rd, and 5th weekends of each month
• Weekdays: Thursday evenings during the school year
• Holidays: Alternating major holidays

Modified Possession Order

For parents who live more than 100 miles apart, the Modified Possession Order adjusts the schedule to accommodate the greater distance. It typically includes longer visitation periods during the summer and less frequent but extended weekend visits.

• Summer Visitation: Extended periods, usually up to 42 days
• Weekends: Less frequent, but may extend from Friday evening to Sunday evening

Custom Possession Order

In some cases, parents may agree to a Custom Possession Order that better suits their unique schedules and the needs of their children. Courts must approve these custom orders to ensure they are in the child's best interests.

• Flexibility: Tailored to fit the specific needs of the family
• Approval: Must be approved by the court

Factors Considered by the Court

When determining possession orders, Texas courts prioritize the best interests of the child. Several factors are taken into account, including:

• Child’s Age and Needs: Younger children may require more frequent contact with both parents.
• Parental Involvement: The level of each parent's involvement in the child's daily life.
• Stability: The ability of each parent to provide a stable environment.
• Preferences of the Child: Depending on the child’s age and maturity, their preferences may be considered.

Enforcing Possession Orders

Legal Recourse

If one parent violates the terms of a possession order, the other parent can seek enforcement through the court. Legal remedies may include:

• Contempt of Court: Penalties for non-compliance, including fines or jail time.
• Make-Up Time: Additional visitation time to compensate for missed periods.

Mediation and Modification

Parents may also seek mediation to resolve disputes or request a modification of the possession order if circumstances change significantly. Mediation can help parents reach an agreement without the need for a court hearing.

• Mediation: A facilitated negotiation to resolve disputes
• Modification: Changes to the order due to significant changes in circumstances

Special Considerations

Holidays and Special Occasions

Possession orders often include specific provisions for holidays and special occasions to ensure both parents have the opportunity to spend significant time with their children.

• Major Holidays: Typically alternated each year
• Birthdays: May be shared or alternated

Relocation

If a parent plans to move a significant distance away, they must notify the other parent and the court. The possession order may need to be modified to accommodate the new situation.

• Notification: Required for significant relocations
• Modification: Adjustments to the order to fit the new circumstances

Impact on Children

Emotional and Psychological Effects

The stability provided by a clear and fair possession order can have positive effects on a child’s emotional and psychological well-being. Conversely, conflict over possession orders can be stressful for children.

• Stability: Provides a predictable routine
• Conflict: Can cause stress and anxiety

Support Systems

Ensuring that children have access to support systems, such as counseling or support groups, can help them adjust to changes in their living arrangements.

• Counseling: Professional support for emotional adjustment
• Support Groups: Peer support for children of divorced parents

Frequently Asked Questions

Q1: What is the difference between legal custody and possession?

• Legal custody refers to the right to make important decisions about the child’s life, while possession refers to the physical time a parent spends with the child.

Q2: Can possession orders be changed?

• Yes, possession orders can be modified if there is a significant change in circumstances. Parents can request a modification through the court.

Q3: How does the court decide on holidays and special occasions?

• Courts often use a standard schedule that alternates major holidays between parents. Special provisions can be made based on the family’s needs.

Q4: What happens if a parent does not follow the possession order?

• The other parent can seek enforcement through the court, which may include penalties for non-compliance and make-up visitation time.

Relevant Resources for Further Reading and Assistance

• What Is a Standard Possession Order and How Does It Impact the Visitation I Have With My Kids?
• Managing three-day weekends under a Texas possession order
• A Tale of Two Parents: Enforcing Child Custody Orders in Texas
• Custody 101
• Temporary Orders
• Possession and Access Orders e-Book
• Child Visitation Modification
• Lawyer Locator

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