Texas Standard Possession Order

A standard possession order in Texas helps schedule a parent’s time with their children. This vital part of the custody agreement also assists parents in complying with court orders. For this guide to be effective, the parents must thoroughly understand how it works and adhere to it. Let’s start with custody basics.

Custody Basics

In legal terms, Texas child custody includes provisions for access to and possession of the child, commonly called the non custodial parent’s visitation rights. Access is the ability to interact with the child using text messages, phone conversations, social media, FaceTime, or Zoom. Possession is being with the child in person for a designated period. However, the non custodial parent can also attend school plays.

There is a difference between the custody holders. The managing conservator, or primary custodian, has a broader spectrum of rights and duties regarding the child. These include the right to consent to medical treatment, access to the child’s school and medical records, and the responsibility to provide for the child’s physical, emotional, and educational needs. They deal with day-to-day essential decisions, including education and other important matters.

On the other hand, the possessory conservator does maintain certain rights, but they may be more limited in scope than those of the managing conservator. Their duties primarily revolve around ensuring the child’s safety and well-being during their possession periods.

Why Is a Standard Possession Order Needed

The parents may need the structure an SPO provides to ensure the child’s stability and maintain compliance. So, it is reasonable to believe that the standard possession order is an important part of the custody arrangement. However, if the child is under three years of age or the SPO is not in the child’s best interests, the court is not obligated to follow it.

The Fundamentals of a Standard Possession Order (SPO)

A standard possession order (SPO) is a legally binding schedule that governs each parent’s time with the child. It serves as a blueprint for custody and visitation arrangements in cases of divorce or separation. The SPO offers transparency and structure, simplifying the adherence to the schedule for parents and children.

Here are some essential elements of a typical SPO in Texas:

• Weeknight Possession: The noncustodial parent usually gains possession of the child for a few hours one weekday night during the school year. The specific night may change depending on parental availability.
• Weekend Possession: The noncustodial parent typically enjoys possession of the child on several weekends of each month. This visitation commences on Friday evening and concludes on Sunday evening.
• Holiday and Special Occasion Possession: The SPO encompasses holiday and special occasion visitation provisions. It ensures both parents have ample time with the child during Thanksgiving, Christmas, and birthdays.
• Summer Possession: Throughout the summer months, the noncustodial parent usually secures an extended period of possession. This extended timeframe allows for more meaningful quality time with the child.
• Notification Requirements: The SPO meticulously delineates the requirements for parents to apprise each other of their whereabouts and contact information while the child is in their care.

Parenting Time and Its Importance for Custodial Parents

Parenting time refers to the allocated time that each parent spends with their child. It is significant for both non custodial and custodial parents. Here’s why parenting time is essential to both parents.

• Shared Parenting Responsibilities: Custodial parents benefit from parenting time arrangements as they can share childcare responsibilities, including school pickups, extracurricular activities, and daily routines, with the non custodial parent. This shared responsibility can reduce the burden on the custodial parent.
• Child’s Well-Being: Encouraging a child’s relationship with both parents is often in the child’s best interest. Custodial parents recognize that access to both parents can positively impact their child’s emotional and psychological well-being.
• Conflict Resolution: Successful co-parenting requires communication and cooperation between both parents. Custodial parents may find that parenting time arrangements allow them to work with the non custodial parent to resolve conflicts and make decisions in the child’s best interest.
• Legal Obligations: Custodial parents must follow court-ordered parenting time schedules. Complying with these schedules ensures they adhere to the law and avoid potential legal consequences.

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Parenting Time and Its Importance for non custodial Parents

Parenting time is essential for non custodial parents as well for the following reasons:

• Maintaining a Strong Parent-Child Relationship: Parenting time allows non custodial parents to maintain a meaningful and loving relationship with their children. Regular visits provide opportunities for bonding, emotional connection, and shared experiences.
• Involvement in the Child’s Life: non custodial parents can actively participate in their child’s life, including attending school events, extracurricular activities, and medical appointments. This involvement helps them stay informed about their child’s well-being and development.
• Promoting Emotional Well-Being: Spending quality time with their children helps non custodial parents contribute to their emotional and psychological well-being.
• Creating Stability: Consistent parenting time provides children with stability and routine. Knowing when they will see the non custodial parent helps children adjust to the changes in their family structure.

Problems with a Standard Possession Order

Not all family situations are alike, and a SPO that works for one household may not suit another. An example would be a family unit with past evidence of violence. Another scenario differentiating one unit from the next would involve a non custodial parent with little to no contact with the child. The court can take this into account when issuing the order.

Approval of SPO by Parents

The court presents the standard possession order to the non custodial parent before completion. The parent can approve each option (called an election). However, if a selection is left unchanged, the order will remain as provided.

Alternatively, parents can build an informal parenting guide if they agree on the child custody plan. The court institutes the SPO if the parents cannot agree on the access and possession of the children by the non custodial parent.

Child Support and the Texas Standard Possession Order

Child support in Texas is determined using specific guidelines and calculations outlined in the Texas Family Code. The state has established a formula that takes into account various factors to determine the appropriate amount of child support that one parent (the obligor) should pay to the other parent (the obligee) for the financial care of their child. Here’s how child support works in Texas:

• Monthly Net Resources: The starting point for calculating child support is the obligor’s monthly net resources. Net resource calculations occur by subtracting certain deductions from the obligor’s gross income. These deductions may include federal income taxes, state income taxes, Social Security taxes, and union dues.
• Percentage of Net Resources: The Texas Family Code specifies a percentage of the obligor’s monthly net resources designated for child support. The percentage varies based on the number of children for whom support is being calculated.

• Additional Expenses: In addition to the basic child support amount, the court may also consider the following expenses:
  • Health Insurance Premiums: If the obligor is required to provide health insurance for the child, the cost of the premiums is considered in the child support calculation.
  • Childcare Costs: The reasonable and necessary childcare expenses incurred due to the custodial parent’s employment or education may contribute to the child support order.
  • Medical Support: The child’s uninsured medical and dental expenses may be split between the parents based on their income and ability to pay.

Adjustments and Deviations to Child Support

There can be adjustments or deviations from the standard child support calculation based on specific circumstances:

• Possession Schedule: If the obligor possesses the child for a significant portion of the year, it may reduce child support payments. The more time the child spends with the obligor, the lower the child support obligation.
• Special Needs: If the child has special needs or extraordinary expenses, the court may adjust the child support amount accordingly.
• High Income: In cases where the obligor’s income exceeds a certain threshold, the court may deviate from the standard percentage-based calculation.

Modification

Child support orders can be modified if there is a significant change in circumstances, such as a substantial change in income or changes in the child’s needs. Either parent can request a modification through the court.

It’s important to note that the Court can modify the child support and possession arrangements based on changing circumstances. If there are significant changes in income, custody arrangements, or other relevant factors, either parent can request a modification of child support or visitation orders through the court.

Attorneys Who Care – Warren & Migliaccio, L.L.P.

If you are facing separation or divorce, it is crucial to fashion custody arrangements that foster the stability and care children receive. Turn to the family lawyer who cares. Our family lawyers offer a free case review and will discuss your options. Don’t try to go it alone at this difficult time. Call us at (888) 584-9614