A Breakdown of the Texas Standard Possession Order
What is a Standard Possession Order (SPO) in Texas?
The Texas Legislature has made clear in the Texas Family Code §§153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. This is a presumption that may be rebutted if not in the child’s best interest. While many parents know generally what a Standard Possession Order entails (every other weekend, alternating holidays, etc.), the particulars are often unclear. Read More “What Exactly is a Standard Possession Order?”
A lot of questions have been asked about how the emergency measures related to Covid-19 affect child custody orders. Must a child be turned over at the time in a court order when there are emergency stay-home or shelter-in-place orders?
Read More “How does Covid-19 and the Stay-Home orders affect children with two homes?”
Must a Child be Returned when Spring Break was Supposed to End
if School Does Not Resume?
With the Coronavirus pandemic hitting our country at the time many school districts are recessed for the Spring Break holiday, many parent conservators are wondering whether they must return the children to the other parent after learning the break has been extended for an additional week or more. The simple answer is, it’s not a simple answer. Read More “The Coronavirus Conundrum: Spring Break – To Return or Not to Return?”
Although it can be difficult any time of the year, co-parenting during the holidays can be particularly challenging for separated parents. Holidays are typically filled with family-based events during which most parents like to have the entire family together. However, if the spouses are separated it can unintentionally create frustration and anxiety for children that feel torn about spending time between two parents. Read More “Co-Parenting During The Holidays”
The Texas Legislature has made it clear that “the court shall consider the qualifications of the parties without regard to…the sex of the party” when determining matters related to conservatorship and possession of the child. Tex. Fam. Code §153.003. In Texas, fathers should be equally considered when determining which parent shall determine the primary residence of the child/ren. Read More “Father’s Rights in Texas – What to Expect Regarding Child Related Issues”
Many loving and involved grandparents want to know what rights they may have when it comes to their grandchildren. Oftentimes, grandparents are the ones helping to raise grandchildren while their son or daughter is in a time of transition or involved in activities that may put the grandchildren at risk. In other cases, a grandparent may simply want to know if they have any legal rights of visitation with their grandchildren. Read More “Conservatorship Part II – What About the Grandparents?”
Conservatorship in Texas
It is the public policy in the state of Texas to ensure that children will have frequent contact with both parents and to encourage parents to share in the rights and duties associated with raising their children. Tex. Fam. Code §153.001. Pursuant to public policy, Texas has adopted the term “conservatorship” rather than “custody” when making orders concerning the parent-child relationship. Read More “What Is Joint Managing Conservatorship And Who Gets It?”
There are many reasons why someone may want or need to make changes to an existing child custody order. In Texas, there are several parts of the court order that may need reconsidering before modification is requested. Texas law allows…