UNDERSTANDING YOUR CHILD CUSTODY ORDERS AND THE TEXAS STANDARD POSSESSION ORDER
- Texas Attorney Ryan Putz
- Mar 27, 2023
- 5 min read
As a Texas family law attorney, I regularly receive questions from parents seeking to clarify and understand the terms of their child custody orders. The purpose of this blog article is to provide a general overview of conservatorship and possession and access as it relates to child custody orders in Texas.
CONSERVATORSHIP vs. POSSESSION & ACCESS
TWO SEPARATE CONCEPTS IN TEXAS FAMILY LAW
Conservatorship - refers to the legal rights and responsibilities (duties) that a parent has regarding a child, including the right to make decisions about the child's education, medical care, and upbringing. There are two types of conservatorships in Texas: managing conservatorship and possessory conservatorship. Texas courts presume a parent should be a managing conservator unless it is shown not to be in the best interest of the child, which is typically shown when a parent commits family violence or abuse or neglect against a child. Possessory conservatorship (also known as non-managing conservatorship) is awarded to the parent who has visitation rights but is not given rights to make decisions about the child's education, medical care, and upbringing.
“Primary Parent-Conservator” - Parents that are joint managing conservators share the legal rights to make decisions concerning the children, unless the court finds that a specific right should be awarded exclusively to one parent. An exclusive right that is commonly awarded to one parent is the right to designate the primary residence of the child, and more commonly known as the “primary conservator” or “custodial parent”.
Possession and Access - refers to the actual physical possession of the child. It is the schedule that determines when each parent will have the child in their care, and when a parent will have rights of access to the children.
While conservatorship determines who has legal authority over the child's decisions and welfare, possession and access determines the physical time the child will spend with each parent. Conservatorship and possession and access schedules are both essential parts of a Texas divorce case involving children, as they both have a significant impact on the child's life and upbringing.
UNDERSTANDING POSSESSION AND ACCESS SCHEDULES IN TEXAS
In a Texas divorce or suit affecting the parent-child relationship (when the parties have children together but are not married), possession and access schedules refer to the parenting plan that determines when and where each parent will have physical custody (possession) of the child and when the other parent will have visitation rights (access). The possession and access schedule will dictate the times and dates of when the child will be in the care of each parent.
The possession and access schedule may be decided by the parents themselves, through a formal settlement conference such as mediation, or through informal settlement negotiations with the parties or through their lawyers. If the parents are unable to reach agreement on a possession and access schedule through the settlement process, the court will determine the schedule. The schedule can be a standard possession order (SPO) or a customized schedule, taking into account the child's best interests, the parents' work schedules, and the child's school and extracurricular activities. Texas courts presume the possession and access schedule provided under the standard possession order (SPO) is in the best interest of the child.
WHAT IS THE TEXAS STANDARD POSSESSION ORDER (SPO)?
The SPO is designed to ensure that both parents have access to their child and that the child has a stable and consistent schedule.
The default standard possession order for parents who live within 50 miles of each other is as follows:
The noncustodial parent will have possession of the child on the first, third, and fifth (1st, 3rd, and 5th) weekends of each month.
The noncustodial parent will also have possession of the child on alternating holidays.
The noncustodial parent will have possession of the child for one month during the summer.
The noncustodial parent can choose to elect a different standard possession order if they live more than 50 miles apart. The election must be made before the court issues the order.
If the parents cannot agree on a possession schedule, the court will issue an order that is in the best interest of the child. The court will consider factors such as the child's age, the distance between the parents' homes, the parents' work schedules, and the parent’s involvement in child-care functions such as medical appointments, schooling, and extra-curricular activities.
The standard possession order is not a mandatory order, but it is the presumption (default) possession schedule used by courts in Texas. The parents can agree to a different schedule that is in the best interest of the child.
IMPORTANCE OF A POSSESSION AND ACCESS SCHEDULE
Possession and access schedules are important in custody orders because they provide a framework for the parents to co-parent their child. The schedule helps to ensure that the child’s needs are met, and that both parents have the ability to maintain a healthy parent-child relationship.
The schedule can also help to reduce conflict between the parents. When the parents know when they will have their child, they are less likely to argue about who gets to spend time with the child.
The schedule can also be helpful for the child. Children need to have a sense of stability and routine in their lives. The schedule can help to provide that stability and routine.
However, it is important to note that the schedule is not a mandatory order. The parents can agree to a different schedule that is in the best interest of the child. In some cases, the schedules may need to be adjusted over time, as the child's needs change or as the parents' circumstances change. For example, if the parents move to different cities or change work schedules, the schedule may need to be adjusted to reflect the new distance between their homes or a parent’s work schedule.
TIPS FOR CREATING A SUCCESSFUL POSSESSION AND ACCESS SCHEDULE
Start with the child's best interests in mind. This is the most important factor in creating a successful possession and access schedule. This means taking into account the child's age, needs, and preferences.
Be realistic about parents' schedules. When creating a possession and access schedule, it is important to be realistic about the parents' schedules. The schedule should be flexible enough to accommodate the parents' work and other commitments.
Flexibility. The possession and access schedule should be flexible enough to accommodate changes in the child's life or the parents' circumstances. For example, if the child's school changes, the schedule may need to be adjusted to reflect the new location.
Parent Communication. It is important to communicate with the other parent throughout the process of creating the possession and access schedule. This will help to ensure that both parents are on the same page and that the schedule meets the needs of the child.
Be Willing to Compromise. When creating a possession and access schedule, it is important to be prepared to compromise. This means being willing to give up some of what you want in order to reach an agreement that is in the best interests of the child.
Seek professional help if needed. If you are having trouble creating a successful possession and access schedule, you may want to seek professional help. A family lawyer or mediator can help you to create a schedule that is fair to both parents and that meets the needs of the child.
I strongly recommend that you consult with an experienced and knowledgeable Texas family law attorney to discuss customizing a possession and access schedule for your specific situation.
Contact the Law Office of Ryan Putz today and get the representation you need and deserve!
PHONE: (281) 206-2696
EMAIL: ryanputzlaw@gmail.com
Houston and Harris County | The Woodlands and Montgomery County | League City and Galveston County |
Pearland and Brazoria County | Sugar Land and Fort Bend County
--------------------------------------------------------------------------------------------------
Comments