A lot of terms are being tossed at you during a divorce, and one is a possession order. Also known as parenting plans or custody orders, it’s probably going to come up if your divorce involves children. The order essentially states which parent has custody of the child and the conditions outlined in the agreement.
Navigating standard possession orders for children can be complex. This also isn’t the only type of possession order for children in Texas. Understanding a little bit about the legal system can make it easier to get through the divorce and ensure your children get the best possible outcome.
Types of Child Possession Orders in Texas
The Lone Star State recognizes families have different dynamics. What works for one family after a divorce may not be best for another one. To help ensure the children’s needs are always being recognized and met, Texas has three types of possession orders.
Standard Child Possession Order
This is the fallback order family courts tend to rely on when divorcing parents live 100 miles or so from each other. A standard possession order (SPO) names a custodial and non-custodial parent and outlines the recommended child visitation schedule.
Typically, the non-custodial parent has the child every other weekend and after school one night per week. The child alternates which parent they’re with on major holidays. So, if one parent has the child for Thanksgiving, the other parent has visitation on Christmas.
Modified Possession Order
When the distance between parents is over 100 miles, a modified possession order (MPO) is usually put in place. The visitation schedule with the non-custodial parent tends to reflect the greater traveling distance.
Instead of visiting the non-custodial parent every other weekend, the child may spend up to 42 days with them in the summer. Holiday visitation schedules often stay the same, but this can depend on the distance between one parent and the other.
Custom Possession Order
This type of possession order is precisely what the name implies. Both parents are able to work out a custodial and visitation agreement. This can make it easier to meet the needs of the child, which should always be a priority.
However, before you can put a custom possession order (CPO) into action, you must have court approval. In other words, you can’t create a possession order without the judge’s approval.
What Factors Go Into a Child Possession Order?
Texas prioritizes the child’s best interests over their parents. If the court decides the child is mature enough to have a say in their living arrangements, the judge can partially or wholly base their decision on the child’s preferences.
However, a child can’t simply pick which parent they want to live with. The court also looks at other factors like which parent is best situated to provide a stable home environment. A child may prefer living with their father, but if the living situation is unstable, the court will probably disagree.
The level of involvement each parent has in their child’s life also factors into a possession order. If one parent is absent for most milestones and other major life events, the amount of time on the possession order may be limited.
Frequently Asked Questions About Possession Orders
Even knowing some basic information about possession orders can still leave you with plenty of questions. Here’s a look at some of the questions commonly asked by parents.
Is There a Difference Between Possession and Legal Custody?
The two terms are often used interchangeably, but there’s a slight difference. Possession refers to child visitation or the amount of time a child spends with a parent.
Legal custody gives a parent the right to make life decisions for a minor child. These decisions typically cover everything from education and healthcare to religion.
Can You Modify a Possession Order?
You can petition the court to modify a possession order. However, you must have a valid reason for requesting the change. You’re probably also going to need to provide proof.
An example of a valid reason is if one parent is moving more than 100 miles away. Instead of a standard possession order, you want to modify it to an MPO.
How Are Holidays Decided in a Possession Order?
The family court judge often falls back on a preset schedule when deciding which parent has their child during a major holiday. However, parents can also make recommendations.
The court is usually open to meeting the family’s needs. As you’re deciding who has the child on which holiday, keep in mind you’re probably not going to get every major occasion you want. Be willing to compromise with your former spouse; it can make things go a lot more smoothly.
What Happens if a Parent Ignores a Possession Order?
A possession order is a legal decree, not a suggestion, meaning that both parents are legally required to follow all of the terms laid out in the possession order. So, if one parent refuses to allow the child to spend every other weekend with the other parent, there can be legal repercussions.
The family court judge may find you in contempt. Non-compliance with a court order typically results in hefty fines, and jail time is also a possibility.
Since the court typically believes both parents are crucial in a child’s life, makeup time may be added to the visitation schedule. Instead of having the child every other weekend, it may be every Saturday and Sunday. Makeup time can also occur during the holidays. The court will work to find a solution that fits the parent’s work schedule.
Which Type of Possession Order is Right for Your Family?
Possession orders are designed to help ensure the child still has both parents in their life. While a standard possession order is the most common, it’s not your family’s only option.
Maybe your spouse doesn’t have weekends free. In this case, you may want to look at a modified or custom possession order. Whichever one you decide is best for your family, don’t forget to find out what your child wants.
Ben Austin is the founder and CEO of multi-award-winning digital marketing agency Absolute Digital Media. Ben loves to write and share exclusive insights into the world of digital marketing from his own eyes.
