What if the Child’s Birthday Falls on an SPO Holiday?

Published October 30, 2018 | By

On one of my other posts I outline the basic terms of the Texas Standard Possession Order.  One of my readers recently commented and asked a very interesting question that I have never been asked before.  Here is the question:  “What happens if a child’s birthday falls on a holiday schedule? Does the holiday schedule trump the birthday order (SPO of 6pm-8pm)?”

The relevant statute is Texas Family Code Section 153.314. That is the part of the Standard Possession Order that says certain “holiday” periods (defined by statute as Christmas, Thanksgiving, Father’s Day, Mother’s Day, and the child’s birthday) trump any conflicting weekend or Thursday visitation. This is true regardless of whether the parents live more or less than 100 miles apart.

What that statute does not make entirely clear Continue reading →

Posted in Children & Divorce, Visitation

What is “Standard” Visitation Anyway?

Published June 10, 2016 | By

Texas divorce lawyers frequently refer to the “SPO” which is short for the Texas Standard Possession Order.  This statute defines a default visitation schedule that is presumed to be in the child’s best interest.  While this presumption is rebuttable under certain circumstances, my guess is that the Standard Possession Order (or some slightly modified version of it) is the visitation schedule in 90% or more of the divorce cases in Texas.

The statutory schedule is very long and detailed.  You can view the actual statute here.  In this article I will highlight Continue reading →

Posted in Children & Divorce, Men's Issues, Visitation