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 following is a guest post on behalf of the Cantor Law Group, a prominent Phoenix divorce firm.
When it comes to determining the custody of a child in a custody proceeding, the courts will typically use the best interests of the child doctrine. This is often used when a married couple chooses to divorce there are one or more children involved or if a child has been born outside of marriage. Using this concept, the court will determine who the child lives with, how much contact the child will have with each parent and whether child support is granted to one of the parents. Continue reading
I have been asked this question more times than I can count during my career. More often, it is stated to me as fact, as in “well my child is over twelve, so she gets to decide who she wants to live with.” This belief is based on a misinterpretation of a very real Texas Family Code statute concerning the wishes of a child twelve or older.
Here is what Texas Family Code Section 153.009 says Continue reading