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Visitation rights are a critical aspect of any custody arrangement, especially when parents are living separately. In Texas, the state’s family code provides detailed guidelines to ensure that children maintain a meaningful relationship with both parents, even after a separation or divorce. Understanding the nuances of these rights can be challenging, particularly when it comes to choosing between standard and extended possession orders. This article delves into the specifics of visitation rights in Texas, helping you navigate these often complicated waters.
In Texas, a Standard Possession Order (SPO) is the default arrangement set by the courts when parents cannot agree on a visitation schedule. It is designed to provide a consistent schedule that ensures the non-custodial parent (the parent who does not have primary physical custody) has regular access to the child.
1. Weekends: The non-custodial parent typically has visitation rights on the first, third, and fifth weekends of each month, starting at 6:00 PM on Friday and ending at 6:00 PM on Sunday.
2. Thursdays: There is also a provision for a Thursday evening visit during the school year, from 6:00 PM to 8:00 PM.
3. Holidays and Vacations: The SPO outlines a division of major holidays (such as Thanksgiving and Christmas), with alternating years for each parent. It also provides for an extended summer visitation period.
The goal of an SPO is to offer a predictable and stable routine for the child, ensuring that both parents remain actively involved in their life.
Extended Possession Orders (EPO) go a step further, allowing the non-custodial parent additional time with their child. This option is often favored by parents who wish to be more involved in their child’s daily activities beyond the standard visitation schedule. An EPO can be requested by either parent, but it requires the approval of the court.
1. Longer Weekends: Under an EPO, the non-custodial parent’s weekend visitation can start at the time the child is released from school on Friday and extend until the time school resumes on Monday.
2. Additional Weekday Time: Instead of a short visit on Thursday evening, the non-custodial parent can have an overnight visit, picking up the child from school on Thursday and returning them on Friday morning.
3. Extended Holiday and Summer Periods: The non-custodial parent might also receive additional days during holidays and a longer summer vacation period compared to the SPO.
Choosing between a Standard Possession Order and an Extended Possession Order depends largely on the individual circumstances of the parents and the best interests of the child. Each option has its own set of benefits and challenges.
- Predictability: The regularity of an SPO provides a structured and predictable schedule, which can be particularly beneficial for younger children who thrive on routine.
- Balance: The SPO aims to strike a balance between both parents’ involvement, minimizing disruption to the child’s daily life while allowing significant time with the non-custodial parent.
- Limited Time: Some parents feel that the standard visitation schedule does not provide enough time to fully engage in their child’s life, especially if they want to be involved in day-to-day activities.
- Potential Disconnect: With limited weekday interaction, there might be a sense of disconnect between the non-custodial parent and the child, particularly when it comes to schoolwork and extracurricular activities.
- More Involvement: An EPO allows the non-custodial parent to spend more quality time with their child, fostering a stronger bond and greater involvement in their daily routine.
- Flexibility: The additional time can make it easier for parents to participate in school events, extracurricular activities, and other important aspects of their child’s life.
- Scheduling Conflicts: The increased time with the non-custodial parent can lead to more complex scheduling, especially if both parents have busy work schedules or live far apart.
- Impact on Routine: For younger children or those with special needs, the additional time away from the custodial parent could disrupt their routine or sense of stability.
When determining whether to grant a Standard or Extended Possession Order, Texas courts primarily consider the best interests of the child. Factors such as the child’s age, needs, and the ability of each parent to provide a stable environment are critical in the court’s decision-making process.
- Parental Involvement: The court will assess each parent’s involvement in the child’s life, including their ability to care for the child during the extended time.
- Geographical Proximity: The distance between the parents’ homes plays a significant role in the court’s decision. Extended possession is more feasible when both parents live relatively close to each other.
- Child’s Preference: Depending on the child’s age and maturity, the court may take their preferences into account when deciding on visitation schedules.
Life circumstances can change, making it necessary to revisit and potentially modify existing visitation orders. Whether it’s a job relocation, changes in the child’s needs, or other significant life events, Texas law allows for the modification of visitation rights if it serves the best interest of the child.
1. Filing a Motion: Either parent can file a motion to modify the visitation order with the court.
2. Mediation: In some cases, parents may be required to attend mediation to resolve disputes regarding the modification.
3. Court Hearing: If an agreement cannot be reached, a court hearing will be scheduled where both parents can present their case.
The court’s decision to modify a visitation order will again be based on what is best for the child, taking into account the changes in circumstances.
Navigating visitation rights in Texas can be a complex and emotionally charged process. Whether you are dealing with the initial establishment of a possession order or seeking to modify an existing one, it’s crucial to have knowledgeable legal support on your side.
At Russell A. Pelley, PC, we specialize in family law and are dedicated to helping parents understand their rights and options under Texas law. Our experienced attorneys can guide you through the intricacies of visitation orders, ensuring that your child’s best interests are always prioritized.
Contact Russell A. Pelley, PC today to schedule a consultation and learn more about how we can assist you in achieving a favorable outcome in your visitation rights case.
Choosing the right visitation order is not just about what works for the parents but, more importantly, what is best for the child. Understanding the difference between a Standard and Extended Possession Order is a critical first step in making an informed decision that supports your child’s well-being.
If you have questions or need assistance with your visitation rights, don’t hesitate to reach out to Russell A. Pelley, PC to learn more about our services and how we can help you navigate the complexities of family law in Texas.
Your child’s future deserves the best, and we are here to support you every step of the way.
