In the Lone Star State, navigating child custody arrangements can be as intricate as a Texas two-step. Understanding the various possession schedules is crucial for parents seeking harmony in co-parenting post-divorce or separation. Let’s dive into the key possession schedules commonly used in Texas: standard possession, expanded standard possession, and different 50/50 possession schedules like 2-2-3, 2-2-5, and one-week-on one-week-off.
A Texas Court is likely to order a standard possession schedule or an expanded standard possession schedule, as the presumption in Texas is that this would be in the best interest of the child. However, if the Court believes it is in the best interest of the child to make a different arrangement, the Court can also order a different schedule. If parents want a 50/50 possession schedule and can both agree, they generally may come to an agreement to do so. If the parents do not agree, the burden of proof would be on the parent asserting that a 50/50 schedule would be in the best interest of the child.
Standard Possession Schedule (SPO):
The SPO is the baseline possession schedule outlined by the Texas Family Code. Under this arrangement, the non-custodial parent typically has possession of the child on the first, third, and fifth weekends of each month, as well as Thursday evenings during the school year and extended time during the summer and holidays. Since September 1, 2021, a non-custodial parent who lives more than 50 miles from the child is presumed to get SPO.
Expanded Standard Possession Schedule (ESPO):
As the name suggests, the ESPO expands upon the SPO to provide additional time with the non-custodial parent. This schedule grants the non-custodial parent additional weekday visits during the school year, such as overnights on Thursday, and longer uninterrupted stretches during the summer. Since September 1, 2021, a non-custodial parent who lives less than 50 miles from the child is presumed to get ESPO.
50/50 Possession Schedules:
These schedules aim to provide a more balanced division of time between both parents, promoting equal involvement in the child’s life. Three common 50/50 schedules include the 2-2-3, 2-2-5, and one-week-on one-week-off arrangements.
2-2-3 Schedule: In this rotation, the child spends two days with one parent, two days with the other, and then three days with the first parent. The following week, the schedule flips, ensuring both parents have equal time.
2-2-5 Schedule: This is similar to the 2-2-3 schedule, but with longer blocks of time. The child spends two days with one parent, two days with the other, and then five days with the first parent. This schedule rotates, ensuring both parents have extended periods with the child.
One Week On/One Week Off: Each parent alternates one week with the child.
Each possession schedule has its pros and cons, and the most suitable arrangement depends on the unique circumstances of the family. Factors such as the child’s age, school schedule, parents’ work commitments, and the proximity of parental residences should all be considered when determining the best possession schedule.
Flexibility, communication, and a focus on the child’s well-being are paramount regardless of the possession schedule. Ultimately, the goal is to foster a supportive co-parenting environment that prioritizes the child’s emotional and developmental needs while respecting the rights and responsibilities of both parents.
