Physical Custody deals with a party’s right to possession and access of the children. In short, physical custody describes where a child will sleep each night and the visitation schedule.

In Texas, there is a presumption that the “Standard Possession Order,” also referred to as “SPO,” is in the best interest of the child. SPO provides a visitation schedule that allows both parents to see the children. The parent with visitation, known as the “possessory conservator,” would have the child for regular visitation every other weekend, plus one night per week. That parent would also enjoy 30 days of summer visitation. Additionally, parents alternate holidays and spring bring each year. The days not specifically awarded to the possessory conservator are awarded to the other parent, who we refer to as the “primary custodian.” This “primary” parent would have the exclusive right to establish the residence of the child.

The Standard Possession Order changes slightly depending on the distance between the parents’ residences.

While SPO is the presumed schedule, the parties are free to agree to something completely different. We are able to work with you to create a schedule that is custom to the needs of your family, whatever that may be.

At the end of the day, the Court is always going to do what it finds to be in the “best interest of the child.” If an order for no access or supervised visitation is required, we will draft and propose an Order that protects your child.