Texas law refers to physical custody as possession and access. Court orders in Texas will include a standard possession order that details when each parent is granted time with the child. The standard possession order (SPO) establishes a parenting schedule, specifies when and where exchanges will occur, and designates which parent will have the child for vacations or holidays. The SPO will also include a provision on when a parent has access to the child.
Ensuring that you have adequate time with your child can be an emotional process. We all want what is best for our child, but it often comes with sacrifice on our part. At Cook Law, we understand the stress of handling a custody dispute. If you have concerns regarding a recent child support order, the San Antonio child custody attorneys at Cook Law are here to explain your rights.
Standard Possession Orders and Schedules in San Antonio, TX
An SPO is designed to set up a schedule that allows your child to maintain a strong relationship with both parents. The SPO applies to children ages three and older. The order seeks to do what is in the child’s best interests, in accordance with Texas law. Generally, the SPO defaults to a 60/40 split, allowing the custodial parent (the parent the child lives with) to have the child 60% of the time and the non-custodial parent to have the child 40% of the time.
The schedule will be adjusted based on how far apart the parents live. The schedule will be modified based on whether the parents live 50 miles or less apart, 51 to 100 miles apart, or more than 100 miles apart. The parenting schedule will consider the non-custodial parent’s distance when determining how much time the child spends with them. For instance, the default schedule could require a child to be picked up by 8 pm on a school night when the parent lives between 51 and 100 miles away, but allow a child to stay until the next morning for a parent who lives less than 50 miles away.
The SPO is not set in stone. In most situations, the noncustodial parent is given options, allowing them to choose the schedule that works best for them. If the non-custodial parent does not make an election, then the default schedule will apply. A SPO is not ordered in every case, as the court can establish a separate parenting schedule at its discretion. Since it is a default schedule, you and your child’s other parent are permitted to follow another agreed-upon schedule if you wish.
Benefits of Working with a Dedicated Family Law Attorney
You may assume that you do not need representation if you and your child’s other parent are on good terms. While it is possible to devise a parenting schedule without the assistance of a lawyer, you may be giving up some of your rights (without realizing that you are doing so). At Cook Law, our San Antonio child custody lawyers are dedicated to helping families develop a parenting schedule that allows the relationships between a child and a parent to thrive.
If your child is 12 years old or older, Texas law does allow children to have a say in custody arrangements. Our legal team also believes it is essential that a child express their preferences, which is why we work tirelessly to ensure each child’s voice is heard. If you are currently navigating the custody process, do not hesitate to contact our family law attorneys today.
Ready to Get Started? Speak with Our San Antonio Child Custody Attorneys Today
Determining child custody arrangements can be complex, leaving your head spinning. In Texas, the court frequently defaults to a standard possession order, which may or may not be in your child’s best interest. If you are currently negotiating the terms of a custody schedule or are attempting to modify an existing order, our San Antonio child custody lawyers are here to help. To learn more or schedule a consultation with one of our attorneys, contact Cook Law online or call (210) 740-0281 today.