Standard Possession Order in Texas Divorce Case
When divorcing couples in Texas cannot agree on the custody of their children, they may have to turn to the court for help. In such cases, the court will issue a standard possession order (SPO) that outlines both parents’ rights and responsibilities regarding child support and visitation. In this article, we will cover some of the basic elements of a standard possession order in a Texas divorce case.
What is a Standard Possession Order?
A Standard Possession Order (SPO) is an order issued by the court that outlines when each parent can have possession of their child after a divorce. The SPO sets out the basic visitation and possession schedule for the child, as well as other issues such as holidays and special occasions. It is designed to provide both parents with equal access to their children while protecting the best interests of the children involved.
The SPO must be based on the Texas Family Code, which outlines specific custody and visitation rules for divorcing couples. These rules are designed to ensure that both parents have meaningful contact with their children after a divorce. The SPO will also outline any additional rights or responsibilities that either parent has regarding custody or visitation.
Additionally, it should be requested by one or both parties involved in a divorce case involving minor children. It is especially important if one or both parties live outside of Texas because it can help ensure that both parties comply with all applicable laws regarding custody and visitation rights within their state or country. Additionally, even if neither party lives outside of Texas, an SPO can still be beneficial as it provides clear expectations about when each parent will have physical possession of the child throughout the year.
Why do you Need a Standard Possession Order?
A Standard Possession Order (SPO) is necessary because it clarifies who has physical possession of the child on specific days or times during the year. Without an SPO, there can be confusion about who should possess the child at any given time, leading to disputes between parents that could cause unnecessary stress and conflict for everyone involved. The SPO is created to provide consistency and stability for both the parent and the child. It is important for the noncustodial parent to understand their rights under the SPO and for both parents to abide by the schedule.
An SPO also helps ensure that both parents remain involved in their children's lives after a divorce, even if they are no longer living together. It is important for both parents to adhere to the SPO and to work together to ensure that the child's best interests are met. If there are any changes in circumstances, such as a change in job or location, then the court may modify the SPO.
What does a Standard Possession Order Cover?
A standard possession order typically covers three main areas: 1) physical child custody, 2) child visitation, and 3) financial support. Generally speaking, physical custody refers to which parent has primary responsibility for the care of the children on a day-to-day basis. Visitation refers to when each parent can spend time with their children. Financial support refers to how much money one parent must pay the other for child-rearing expenses such as food, clothing, extracurricular activities, and medical costs.
The specific details of each area may vary from case to case depending on factors such as each parent's work schedule and whether or not there are any special circumstances (such as drug addiction or mental illness). However, most SPOs include some common elements, including:
Designation of who has primary physical custody
Requirements for both parents regarding notification about changes in the contact information
Guidelines for communication between parents about visits/activities with children
Specific times when one or both parents can visit with children
How much money must one parent pay the other for child-rearing expenses
The process for resolving disputes over parenting issues
It is important to note that SPOs are not legally binding agreements; they are merely guidelines set forth by the court based on what it believes is in the best interests of the children involved. Parents are free to modify them as necessary as long as they follow all applicable laws and regulations set forth by their state or local jurisdiction. Additionally, if either party believes that an SPO is no longer appropriate due to changed circumstances (such as relocation), they may petition the court for a modified order. The court will review all relevant evidence before issuing a new SPO or modifying an existing one.
Things to Consider Before using a Standard Possession Order
Before agreeing to use a standard possession order in your Texas divorce case, there are some things that you should consider carefully:
Your Child’s Needs: When deciding whether or not to use an SPO in your case, you should think carefully about what type of parenting arrangement would best meet your child’s needs. This includes considering factors such as age appropriateness of activities during visitation times and whether enough flexibility is built into each parent’s schedule for unexpected changes or special circumstances that may arise due to illness or extracurricular activities.
Your Relationship With Your Ex: If you feel that communication between you and your ex have been difficult since filing for divorce or separation proceedings began, then using an SPO might not be ideal as it requires regular communication from both parties regarding pick-up/drop-off times for visits etcetera. It is important to assess whether this arrangement would work for both parties before committing to one.
Financial Implications: An SPO may require one party (usually the noncustodial parent) to pay child support according to state guidelines; if this applies, then all financial implications should be considered carefully before agreeing on such an arrangement as this could affect both parties’ financial situations significantly depending on individual circumstances
How can a Lawyer Help with your Standard Possession Order?
An experienced family law attorney can help you understand your rights and options under Texas law regarding obtaining a Standard Possession Order (SPO). A lawyer can help you navigate the process of obtaining a Texas Standard Possession Order. They can provide advice on what to consider when drafting a parenting plan, such as the best interests of the child and the parents’ respective work schedules. They can also assist you in negotiating an agreement with your ex-spouse regarding custody and visitation rights so that you can avoid costly litigation down the line. They can also help you understand what the court might consider when determining an SPO, such as the child’s age and any special needs they may have.
Your lawyer can also negotiate with the other parent’s lawyer on your behalf and represent you in court if necessary. They can help ensure that your rights as a parent are respected and that the terms of the SPO are fair and reasonable. Additionally, if there are any changes to the SPO in the future, your lawyer can help you modify the order to better meet your needs.
In Summary
If you are considering filing for divorce in Texas, understanding what a Standard Possession Order (SPO) is and how it works is essential. An SPO outlines when each parent will have physical possession of their child during different times throughout the year and must be based on the provisions outlined in the Texas Family Code. An experienced family law attorney can help you understand your rights under this code so that you can make informed decisions about your family's future after a divorce.