Non-custodial parents are those who don’t make the day-to-day decisions for their child but do have legal rights like visitation. In order to have visitation rights, both parents must attend a hearing to be approved for a Standard Possession Order (SPO). This order is based on how close the parents live to each other, if they get along, and the best interests of the child.
Proximity
An SPO will be based on how far away the non-custodial parent lives from the child.
- If the non-custodial parent lives less than 100 miles away, the visitation rights include:
- Time spent together on the first and third weekends of every month.
- Meeting with their child on Thursday afternoons from 6:00 PM until 8:00 PM.
- Visitation during the summer and pre-approved holidays.
- If the non-custodial parent lives over 100 miles away, the visitation rights include:
- Time spent together that varies and could be one weekend per month.
- No mid-week visitations.
- Visitation during the summer and pre-approved holidays.
Partner Relationships
An SPO is decided on the following factors:
- Whether both parents can create a visitation schedule on their own.
- If both parents cannot agree on one, they’ll receive an SPO from the Attorney General’s Office.
- Whether the non-custodial parent has committed any misdemeanors or felonies.
The Child’s Best Interests
An SPO is primarily determined on the needs of the child and considers factors such as:
- Their emotional and physical needs.
- The stability of a home.
- The abilities of both parents to provide care.
We Want to Help You Today
Some separated parents often find it hard to agree on visitation rights on their own. If this is something you and your former spouse are dealing with, then our divorce lawyers in McAllen can help. Contact us today to learn what we can do for you.