What is the Standard Possession Order in Texas?
When a family is trying to determine schedules for possession and access to children during a divorce, the State of Texas provides a “Standard Possession Order” or “SPO”. There is a presumption that the SPO is in the best interest of the children. However, the parties can agree to other types of possession and access schedules.
Alternatives to the Standard Possession Order in Texas include:
- Extended Standard Possession
- Week on Week Off
- 2/2/5 Possession
What’s in the Texas Standard Possession Order?
The Texas Standard Possession Schedule attempts to cover every issue that may arise in order to give both parents a fair and near equal possession.
Summer – There is a very detailed schedule set out in the SPO for Summer. Be aware that Summer possession by the non-primary parent requires certain notices to be given to the primary parent by a certain date.
Holidays– To summarize holiday schedules would be to simply say that the parents rotate. One year, one parent will get Thanksgiving and the other parent will get Christmas. The next year, it switches. There are also provisions for additional visitation during the holidays.
Birthdays– The SPO also guarantees the parents an opportunity to see the child on his or her birthday.
Possession Schedule When Parents Live Less Than 100 Miles Apart
The SPO offers the non-primary parent possession of the child on the 1st, 3rd, and 5th weekends and the evenings of every Thursday. One parent will have spring break with the child in even years, and the other parent will have spring break in odd years.
Possession Schedule When Parents Live over 100 Miles Apart
The SPO offers the non-primary parent possession of the child on the 1st, 3rd, and 5th weekends, but the Thursday visitation is removed. This possession schedule grants the non-possessing parent every spring break and extra time during the summer.
Sample Standard Possession Order
This Order is presumed to be in the best interests of the child. Tyler family lawyers are very familiar with this SPO because our courts prefer these schedules. However, this is just one option available in a Texas divorce case. Ask a Tyler divorce lawyer or Tyler custody lawyer about other options available.