Skip to Content
Schedule a Consultation 713-766-5355
Top

What circumstances would necessitate a Non-standard Possession Order?

So in Texas, the presumption is that the parent who is visiting with the child is going to be awarded a standard possession order and the terms of the standard possession order are very detailed and they are set out in the Family code. However, there are certain circumstances where a standard possession order is either not workable or not appropriate for the child. Sometimes this is because the needs or the age of the child necessitate there being something different. For example, if you have a very young child, typically the standard possession order is not going to be workable for a young child and the judge is going to order possession in a way that's designed to maximize the relationship between this very young child and the other parent. Oftentimes, for example, with young children you may have a situation where the child is still nursing or there are special needs for the child that require the primary parent more care from the primary parent.

In some cases, the circumstances of the visiting parent necessitate a change to the standard possession order. For example, if you have a parent who has a substance abuse issue or has there's been neglect or abuse in the past, the court is generally not going to find that a standard possession order is in the best interest of the child. In those circumstances, you'll find judges adjusting the schedule or putting protective measures in place on the schedule. For example, the parent visiting parent may not get a full weekend with the child, or their time with the child may be broken up into smaller chunks of time that are supervised if in the case of neglect or some type of substance abuse, and so the individual factors of the case should be analyzed with your attorney to determine whether or not the standard possession order is workable and appropriate for your situation.