Modified Standard Possession Order in Texas

When parents are going through a divorce, one of the most important decisions they must make is deciding how to arrange the possession schedule or visitation schedule of their children. This decision can be complex and difficult, particularly if the parents need to agree on an arrangement. In that case, one or both parties may seek a modification to the standard possession order (SPO). This blog article will provide an overview of modifying a standard possession order in Texas so that divorcing couples can better understand their options.

A standard possession order (SPO) is an official court document that outlines each parent's rights and responsibilities regarding the possession of the child. SPOs are typically issued as part of a final divorce decree or other court order related to child custody. An SPO usually includes provisions such as timesharing schedules for both parents, holidays, vacation time, transportation arrangements, and communication guidelines between parents. An SPO can also be modified if either parent believes changes should be made due to extenuating circumstances or other reasons.

If you want to modify your current standard possession order (SPO), then you must file a petition with your local family court requesting such modifications. Your petition should include information about why you are requesting modifications and what those modifications would look like if approved by the court. It is important to remember that any modifications must be made in accordance with the best interest of your child or children involved in this situation.

Once your petition has been filed with your local family court, both parties will need to attend a hearing before a judge who will decide whether or not these modifications should be granted based on evidence provided at this hearing.

In most cases, courts prefer to keep existing arrangements intact unless there are significant reasons why they should change them. Factors that could lead to modifications include changes in circumstances, such as relocation by one parent or changes in the income or health status of either parent. Additionally, suppose either parent believes that visitation schedules need to be changed due to extenuating circumstances such as school commitments or work schedules. In that case, they may petition to modify the SPO accordingly.

When filing for modification of an SPO, it is important to provide evidence supporting your request for change. This could include documents showing any changes in circumstances or affidavits from witnesses attesting to any extenuating circumstances warranting a change in visitation or custody arrangements. You should also be prepared to present your case at a hearing and make sure you understand all applicable laws before doing so. If approved by the judge, then any new agreement must be put into writing and signed by all parties involved before taking effect as part of your legal settlement agreement related to divorce proceedings involving minor children.

In general, an SPO can be modified if there has been a significant material change in circumstances since it was originally issued. Examples of changes that could warrant a modification include:

1. A change in either parent's residence or employment situation;

2. A change in either parent's health;

3. A history of domestic violence or abuse;

4. A change in either parent's ability to care for their children; or

5. The emergence of new evidence about which parent should have primary custody of the child or primary responsibility for decisions about their upbringing.

In addition to these changes, courts may also consider other factors when deciding whether an SPO should be modified, such as whether one parent has been neglecting their parental duties or failed to pay child support on time and as ordered by the court. If any of these conditions exist, it is possible to request a modification of your SPO through your attorney or directly with the court system itself, depending on where you live in Texas.

When considering whether to modify an existing SPO, courts will evaluate several factors, including:

1. The best interest of the child: The court must determine what arrangement would be best for the child’s emotional well-being and safety before making any decision about modifying an existing custody agreement;

2. Both parents’ level of involvement: Courts will look at how involved both parents were before requesting a modification and will weigh this against current levels of involvement;

3. The bond between each parent and child: Courts will consider how strong each parent’s relationship is with their children before making any decisions about modifying an existing agreement;

4. Each party’s willingness to cooperate: Courts will assess both parties’ willingness to work together towards an amicable resolution before making any decisions about modifying an existing agreement;

5. Each party’s mental health: Courts may consider each party’s mental health when evaluating whether modifications should be made to an existing agreement;

6. Whether there are any potential risks associated with changing custody arrangements: Before making any decisions about modifying an existing agreement, courts may take into account potential risks associated with changing custody arrangements, such as exposing children to new environments or family members that could cause potential harm;

7. Whether certain provisions within an existing order still apply: Finally, courts will look at whether certain provisions within an existing order, such as those relating to financial support or medical treatment, before deciding on modifications being made to existing agreements.

A standard possession order is an agreement between two parents outlining visitation and custody arrangements for their children. If either party wishes to modify this arrangement, they must file for modification with the court and show that doing so would be in the best interest of their children. Parties must also provide evidence supporting their request for modification such as documents showing any changes in circumstances or affidavits from witnesses testifying on behalf of extenuating circumstances warranting a change in visitation or custody arrangements. Consulting with an experienced family law attorney can help you understand all applicable laws and procedures before filing for modification of an SPO in Texas.