Child Custody in Texas

by | Mar 30, 2022 | Family Law

Child custody is one of the most important and sensitive matters when going through a divorce or separating from the other parent. As you are trying to figure out all the areas of divorce such as finances, and assets, you may be feeling overwhelmed by all of the things you need to consider. Using a family lawyer can help you understand all the intricacies of divorce and child custody. 

In Texas, visitation also called “possession and access” is broken down into two categories: standard possession and nonstandard customized possession orders. 

Here we will outline what you need to know about Texas Standard Possession Orders (SPO) and visitation. 

What is a Texas Standard Possession Order? 

The Standard Possession Order in Texas is presumed to be in the best interest of the child. It determines what days and holidays each parent can have with the child and is usually the starting point in child custody cases. 

 

Visitation Under the Texas Standard Possession Order

For children older than 3 years old an SPO can determine a custodial parent (the parent the child lives with for the bulk of the week and who determines residence) the non-custodial parent will have their child at predetermined times such as weekends or certain evenings. 

Standard possession orders in Texas for children under 3 years old take various factors into consideration such as; parents’ availability to care for the child, their emotional, mental, and physical health, and any need the child may have for a parent. 

 

Vacations and Holidays Under the Texas Standard Possession Order

SPOs will address possession and visitation for summer vacations and certain holidays which warrant a change from normal arrangements. 

Holidays – Major holidays such as Christmas and Thanksgiving will be divided between the parents where one parent has Christmas and the other will have Thanksgiving and in odd and even years. 

Summer Vacations – In an SPO, the non-custodial parent has the option to designate up to 30 days for possession during summer breaks. If no special requests are made, in general, the month of July is designated for the non-custodial parent. 

Birthdays – For birthdays, a standard possession order in Texas will grant each parent to spend time with the child. The parent who does not have possession on the birthday will have the right to visitation on the child’s birthday. 

 

Standard possession orders can be a helpful starting point for parents going through child custody proceedings. We prioritize what is best for the child, and work to meet our client’s goals. You need to know your options when going through a child custody proceeding, Attorney Ify will guide you through the Texas laws and provide representation both inside and outside of the courtroom. 

Using an attorney is important as there are many aspects outside of visitation that also needs to be considered when deciding on child custody arrangements such as healthcare expenses and financial support. This can be overwhelming, especially when going through a divorce and life-changing decisions are being made. Learn more about divorce proceedings in Texas

 

Keira W

I had a simple child custody/child support case that turned out to be a nightmare and needed representation ASAP. Attorney Ify was very nice and very proactive when working on my case. The entire team was there for me and answered every question I had. Last but not least she gets results! She got us the outcome that was best for me & my child and I’m forever grateful.

 

Get in touch today to set up a consultation with Attorney Ify.

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