Understanding the Different Types of Child Custody Arrangements in Texas

Navigating child custody arrangements during a divorce or separation can be challenging and emotionally draining. In Texas, the family court system provides specific guidelines to help parents maintain meaningful relationships with their children. Two primary custody arrangements parents often encounter are the Standard Possession Order (SPO) and the Expanded Standard Possession Order (ESPO).

This guide breaks down the key differences between these arrangements, what they mean for both parents, and how they impact visitation schedules. Understanding these arrangements can help you make informed decisions in the best interest of your child.

What Is a Standard Possession Order (SPO) in Texas?

The Standard Possession Order (SPO) serves as the default visitation schedule in Texas when parents cannot agree on specific possession times. The SPO outlines the days and times when the noncustodial parent, often referred to as the “possessory conservator,” will have access to their child. This order is structured to provide consistent and predictable visitation schedules for parents and children.

Key Components of the Standard Possession Order:

1. Weekends: The noncustodial parent typically has possession of the child on the first, third, and fifth weekends of each month.
2. Weekdays: The noncustodial parent has the right to visit on Thursdays during the school year.
3. Holidays: The SPO dictates how holidays like Thanksgiving, Christmas, and the child’s birthday are divided between parents.
4. Spring Break: The noncustodial parent receives additional time during the child’s spring break.
5. Summer Vacation: The SPO also allocates specific weeks during the summer for extended visitation, often lasting up to 30 days.

Learn more about how Texas law determines child custody and visitation schedules.

What Is the Expanded Standard Possession Order (ESPO)?

The Expanded Standard Possession Order (ESPO) is an enhanced version of the SPO, designed to give the noncustodial parent more time with their child. The ESPO allows for more flexibility and extended visitation opportunities, which can be beneficial for families wanting a more balanced time-sharing arrangement.

Key Differences Between the ESPO and SPO:

1. 50-Mile Radius Requirement: The ESPO is available for parents who live within 50 miles of each other. This rule makes it easier for noncustodial parents to be more involved in their child’s life on a day-to-day basis.
2. Increased Visitation Time: Under the ESPO, noncustodial parents can spend more than 40% of the year with their child, compared to approximately 25% under the SPO.
3. Extended Weeknight Visits: The ESPO includes additional overnight stays during the week, allowing the noncustodial parent to have more overnight contact with the child.
4. Not Mandatory: The ESPO is not mandatory. Parents can choose to follow the standard SPO if it better suits their situation and work schedules.

Example: If a noncustodial parent resides 40 miles from the custodial parent, they can elect the ESPO, which might include extended weekends that start on Thursday and end on Monday morning, providing more quality time with the child.

Understanding Joint Custody and Conservatorship in Texas

While the terms “custody” and “visitation” are often used informally, Texas family law refers to conservatorship and possession. Conservatorship defines the rights and responsibilities of each parent, while possession specifies when each parent has the right to be physically present with the child.

• Joint Managing Conservatorship (JMC): Texas courts often favor JMC, which grants both parents equal rights and duties concerning the child’s upbringing. However, one parent may still have the exclusive right to determine the child’s primary residence.
• Sole Managing Conservatorship (SMC): In cases where joint managing conservatorship is not deemed appropriate (e.g., due to family violence or substance abuse issues), the court may award one parent SMC, giving them primary control over decisions affecting the child.

Find out more about how Texas courts decide conservatorship and visitation rights.

Making Custody Arrangements Work for Your Family

Whether you follow the SPO or opt for the ESPO, the primary goal is to ensure that your child maintains a healthy and positive relationship with both parents. While the court can modify possession orders and make them more specific, the ultimate consideration will always be the child’s best interests.

Tips for Parents Navigating Custody Orders:

1. Stay Open to Communication: Clear communication with the other parent can help minimize conflict and ensure that the custody order works smoothly.
2. Prioritize Your Child’s Well-Being: Always consider how your actions and decisions will affect your child emotionally and psychologically.
3. Seek Legal Advice When Needed: If your circumstances change, such as a job relocation or a new marriage, consider consulting with a family law attorney to modify the custody order.

“Mother meeting with a family lawyer to discuss child custody arrangements in Texas.”

Commonly Asked Questions About Child Custody Orders in Texas

1. Can I Modify an Existing Custody Order? Yes, parents can request modifications to custody orders if there has been a significant change in circumstances, such as a move, change in the child’s needs, or if one parent is not adhering to the order.

2. How Does the Court Determine the Child’s Best Interests? The court considers factors such as the child’s age, emotional and physical needs, each parent’s involvement, and the stability of each home environment.

3. What Happens If One Parent Refuses to Follow the Custody Order? If a parent violates the custody order, the other parent can file an enforcement action with the court. Penalties may include fines, adjustments to the custody order, or even changes in conservatorship.

Why Choose Kristin Kline for Your Child Custody Needs?

With extensive experience in Texas family law, Kristin Kline understands the emotional and legal complexities involved in determining child custody arrangements. Whether you are navigating a divorce or seeking to modify an existing order, Kristin provides compassionate and knowledgeable legal counsel tailored to your unique circumstances.