Understanding Child Possession Options in Texas Family Law

In Texas, child custody, often referred to as “child possession” in legal terms, is a critical aspect of family law. The legal framework surrounding child possession is designed to ensure that children maintain strong relationships with both parents while providing structure and stability. Understanding the various child possession options available under Texas family law is crucial for parents navigating custody arrangements. This blog post will explore the different child possession options in Texas, providing a comprehensive guide to the terms, schedules, and considerations involved.

What is Child Possession?

Child possession refers to the time a parent spends with their child. In Texas, the legal system aims to promote the best interests of the child, ensuring that they have meaningful relationships with both parents. The terms “custody” and “visitation” are often used interchangeably with child possession, though in Texas, “possession” is the more accurate term.

Types of Possession Orders

Standard Possession Order (SPO)

The Standard Possession Order was one of the most commonly used custody arrangements in Texas. It provides a structured schedule that outlines the time each parent spends with the child. The SPO is designed to offer both parents ample time with their child while maintaining consistency and stability.

Schedule:

1. • Weekdays: The non-custodial parent (the parent who does not have primary custody) typically has possession of the child on the first, third, and fifth weekends of each month from Friday at 6:00 p.m. to Sunday at 6:00 p.m.
   • Weekdays: The non-custodial parent also has possession on Thursday evenings from 6:00 p.m. to 8:00 p.m.
   • Holidays and Summer: The SPO includes provisions for alternating major holidays and a period of extended summer visitation. The specific holidays and the duration of summer possession can be customized in the order.

Flexibility: The SPO is flexible and can be adjusted by agreement between the parents or by the Court if necessary to meet the best interests of the child.

Expanded Standard Possession Order

The Expanded Standard Possession Order is an option for parents who desire a more extensive time-sharing arrangement than the Standard Possession Order provides. This schedule gives the non-custodial parent additional time with the child beyond what is specified in the SPO. Expanded SPO is becoming the more popular schedule as time goes on. For Parents who reside within 50 miles of each other, the new “Expanded Standard Possession Order” is presumably in the best interest of the child.

Schedule:

1. • Weekdays: In addition to the SPO weekend possession, the Expanded SPO allows for Thursday evenings from school dismisses until school resumes the following day, and extends weekend possession to Friday when school releases to when school resumes Monday on the first, third, and fifth weekends of each month.
   • Holidays and Summer: The Expanded SPO includes more extensive holiday and summer visitation arrangements compared to the Standard Possession Order.

Purpose: This option is particularly useful for parents who live in closer proximity to one another or for parents who desire more frequent contact with their children.

Possession Schedules for Different Age Groups

The possession schedule may vary depending on the child’s age and developmental needs. Texas family law recognizes that very young children may require more frequent contact with both parents to maintain their emotional well-being.

Infants and Toddlers: For infants and toddlers, parents may have more frequent visitations to accommodate the child’s needs. The Court may order shorter but more regular visits to ensure that the child remains comfortable and familiar with both parents.

School-Aged Children: As children grow older, the possession schedule may shift to reflect their school schedule and extracurricular activities. The Standard Possession Order is often used for school-aged children, but adjustments can be made based on the child’s needs and parents’ agreements.

Teenagers: Teenagers may have more flexibility in their possession schedules to accommodate their social activities and personal preferences. The possession arrangement for teenagers may include more autonomy and less rigid scheduling to align with their developmental stage. However, the Standard or Expanded Standard Possession Schedule is still a common course of action the Court takes in rendering a possession order.

Understanding Conservatorship

Sole Managing Conservatorship

Sole Managing Conservatorship refers to a custody arrangement where one parent has the exclusive right to make significant decisions regarding the child’s welfare, such as education, medical care, and psychiatric care. The other parent typically has access and visitation rights but does not have the authority to make these major decisions.

Schedule: The visitation schedule for the non-managing conservator is often determined on a case-by-case basis. The Court may use the Standard or Expanded Possession Order as a starting point, but adjustments can be made to suit the specific needs of the child and family.

Considerations: Sole Managing Conservatorship is often awarded in cases where it is in the child’s best interest to have one parent make primary decisions. This is often the result when one parent has been convicted of family violence. It is important to note that the managing conservator’s decisions must always be made with the child’s best interest in mind.

Joint Managing Conservatorship

Joint Managing Conservatorship is a custody arrangement where both parents share decision-making responsibilities for the child. Joint Managing Conservatorship is presumably in the best interest of the child. While both parents have the authority to make significant decisions, the physical possession of the child may still be divided according to a possession schedule. Conservatorship involves who makes decisions for the child, possession deals solely with where the child resides at any given moment in time.

Schedule: In joint managing conservatorship, the possession schedule may be similar to the Standard or Expanded Possession Order, but the key difference is the shared decision-making authority. The schedule should reflect an arrangement that allows both parents to participate actively in the child’s life.

Benefits: Joint Managing Conservatorship encourages collaboration between parents and aims to provide a balanced approach to parenting. It can be beneficial for children to have both parents involved in important decisions and in their daily lives.

Customizing Possession Orders

Parents are encouraged to work together to create a possession schedule that best suits their child’s needs. While the Standard and Expanded Possession Orders provide a framework, parents can modify these arrangements through mutual agreement or Court approval. The Court’s possession schedule is a fall-back schedule that applies when parents cannot agree on who should possess the child. Parents are free to come to any agreement for possession that they want. Customizing possession orders involves:

• Creating a Parenting Plan: A detailed parenting plan can outline specific visitation times, holidays, and special occasions. This plan helps avoid conflicts and ensures that both parents understand their responsibilities. Including provisions for unexpected changes, such as illness or travel, can also make the plan more robust and adaptable.
• Considering the Child’s Best Interests: The primary consideration in any custody arrangement is the child’s best interests. Factors such as the child’s age, health, and educational needs should be taken into account when customizing the possession schedule. Additionally, parents should consider the child’s emotional well-being and how changes in possession might affect them.
• Addressing Special Circumstances: If there are unique circumstances, such as one parent living far away or having a demanding work schedule, the possession order can be adjusted to address these needs. Special arrangements may also be necessary for children with special needs or for families dealing with unique challenges.

Enforcement and Modifications

Enforcing and modifying possession orders are important aspects of maintaining a fair and functional custody arrangement.

• Enforcement: If one parent is not complying with the possession order, the other parent can seek enforcement through the Court. The Court may issue orders to compel compliance or modify the possession schedule as needed. Persistent non-compliance can lead to serious legal consequences, including changes to the custody arrangement or other legal remedies.
• Modifications: Changes in circumstances, such as relocation, changes in work schedules, or significant life events, may necessitate modifications to the possession order. Parents can request modifications through the Court to ensure that the possession schedule remains in the child’s best interests. It’s important for parents to document changes and communicate effectively to facilitate this process.

Additional Considerations

1. Mediation and Dispute Resolution: In many cases, parents may benefit from mediation or dispute resolution services to address disagreements related to possession schedules. Mediation can provide a neutral setting for parents to negotiate and reach agreements that serve the best interests of their child. Generally, in the divorce process, the Court will order that the parties mediate before trial to attempt to settle the case outside of Court.
2. Legal Advice: Consulting with a family law attorney can provide valuable insights into navigating possession options and ensuring that legal rights and responsibilities are clearly understood. An attorney can help parents understand their options, draft parenting plans, and address any legal challenges that may arise. Anderson Legal Group, P.C. is a full-service family law firm that can help you with all your family law needs.
3. Impact of Domestic Violence: In cases involving domestic violence, the Court will take additional precautions to protect the safety of the child and the parents. The possession order may include supervised visitation or other measures to ensure a safe environment for the child.

Conclusion

Navigating child possession options in Texas family law requires a thorough understanding of the various custody arrangements and their implications.

Parents should work collaboratively to create possession schedules that prioritize their child’s well-being and foster positive relationships. Consulting with a family law attorney can provide valuable guidance in crafting and modifying possession orders to suit individual circumstances.

By understanding the different child possession options and actively participating in the custody process, parents can help create a stable and supportive environment for their children, fostering their growth and development. Balancing legal requirements with the emotional needs of the child is key to achieving a successful custody arrangement that benefits everyone involved.

Contact Anderson Legal Group, P.C. today at 817-424-3405 for a free consultation. We look forward to speaking with you!