Child Custody & Visitation
In Texas there is a legal presumption that having frequent, regular contact with both parents is in the best interest for the children. In most situations, both parents are appointed Joint Managing Conservators, otherwise known as joint custody, with shared rights and duties. Often one parent, the possessory parent, is given the right to designate the primary residence of the children within a geographic area. The other parent, the non-possessory parent, has a set visitation schedule.
The most common visitation schedule is referred to as the Standard Possession Order or SPO. Unless the parents agree to an alternative schedule, the SPO allows the possessory conservator to have possession of the children as follows:
- Weekends – First, Third and Fifth weekend from Friday at 6pm until Sunday at 6 pm
- Weekdays- During the school year, every Thursday night from 6pm-8pm
- Spring Breaks – Alternate even and odd years, from 6pm the day school is released until 6pm the day prior to school resuming.
- Extended Summer Possession – 30 days in the summer, a minimum of seven days at a time, with one weekend in a 21-day period to be given to the managing conservator. The default time of possession is the month of July.
Holiday time:
- Thanksgiving – Alternate even and odd years, from 6pm the day school is released until 6pm the day prior to school resuming.
- Christmas – Split Christmas from 6pm the day school is released until noon on December 28, and noon December 28 until 6pm day prior to school resuming.
- Mother Day – always Mother’s time, from Friday at 6pm until Sunday at 6pm
- Father’s Day – always Dad’s time, from Friday at 6pm until Sunday at 6pm
- Child’s Birthday – the parent not otherwise entitled to possession is allowed to have the child from 6pm to 8pm on the child’s birthday.
The SPO is intended to be the minimal amount of time awarded to the possessory parent. There are many customizations that can be made to the visitation schedule to ensure the visitation schedule works for you and your family. Things that may warrant alternative visitation schedules include:
- Distance between parent’s homes
- Age of children
- Work schedules
- Conflicting visitation schedules for other children
Mundy Legal Services understands the emotional toll that can occur from a relationship break-up involving children. It is important to have someone who knows the law and sympathizes with your family’s needs. Please give us a call to schedule your consultation so we can answer your questions. We look forward to serving you.