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What is a Standard Possession Order?

Entering into a custody battle can be an emotional and draining process. It is important to know what custody arrangements and Orders are likely to be put in place before entering into discussions about custody.

One of the first questions people want to have answered is: How often am I going to be able to see my child? The answer is: It depends.

How often you will be able to see your child depends on what Possession Order you are ordered to follow, or agree upon with the other parent. If left up to the judge, how often you are able to see your child may depend on a number of factors. Some, but not all of the factors are:

1) Your relationship with your child

2) The age of your child

3) Whether you have had possession of your child in the past

4) Allegations made against you, if applicable

5) Ability to care for the child, how often you will be able to care for the child

6) Whether you provide a safe environment for your child

7) Whether you provide a stable environment for your child

Ultimately the court may order that either you or the child's other parent have possession under a Standard Possession Order (SPO). The terms of an SPO will vary depending on whether the parties live within 100 miles of one another, or if they are more than 100 miles apart.

If within 100 miles, the general provisions of the SPO are that the parent with the SPO will have possession of the child during the first, third, and fifth weekend of each month. In addition to these weekends the parent with the SPO will also have the child every Thursday night from 6:00 pm to 8:00 pm.

Additionally the parties will effectively alternate major holidays, and the parent with the SPO will also have an extended period of possession during the summer months.

If you would like to learn more about Standard Possession Orders; or have questions about having a Standard Possession Order modified/changed, please contact one of our attorneys:

www.austincustodylawyers.com

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