If you are divorced, you know it is essential to have a clear schedule of your child’s custody. This is even more important during the holidays when you share your child’s time with your ex-spouse. However, some parents cannot agree on child custody. Our family law attorneys in McAllen can help you and would like to share how a standard processing order (SPO) can help you and your ex-spouse manage the holiday season.
What is an SPO?
A standard possession order is part of a custody order that determines the schedules between both parents. The SPO will evaluate:
- Where the child will spend the holidays.
- Where parents will exchange the child.
- Which parents live far away (more than 100 miles)
A Typical Holiday Schedule
While there are several holidays during the end of the year, there are a few guidelines a standard possession order can follow. These may change if a parent requests so through a judge.
During Thanksgiving, possession is determined by odd and even years. The non-custodial parent has custody of the child during the odd-numbered years and the custodial parent with the even-numbered years.
The Christmas possession schedule also follows the odd-even numbered year rules and is divided into two parts:
- Part one is when school is dismissed for Christmas vacation until noon on December 26.
- Part two is from noon on December 26 until 6 p.m. on the day before school is back in session after Christmas vacation.
- In even-numbered years, the non-custodial parent will have the child for part one of the Christmas schedule, while the custodial parent takes part two.
- In odd-numbered years, the custodial parent will have the child for part one of the Christmas schedule, while the non-custodial parent takes part two.
Not Committing to an SPO
Exceptions and complications may occur if parents decide to deviate from an SPO, such as:
- If one of the parents decides not to follow the SPO, the other parent may enforce it in court.
- Both parents agree on a new schedule than stated within an SPO.
- Parents not agreeing to a new plan, in which case parents must follow the SPO or one of the parents decides to file a motion to modify the schedule.
Contact Your Family Law Attorney in McAllen
If you find that you and your ex-spouse are having difficulties agreeing to your standard possession order, your family law attorneys at Barrera Sanchez & Associates can help! Call (956)287-7555 for a FREE Consultation today!