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What is the Standard Possession Order?

What is the Standard Possession Order?

What can I expect with regard to possession for the parent with whom the child does not reside?

In most conservatorship cases the court will presume that the conservator who does not reside with the child should be awarded a standard possession order.  The standard possession order is different if parents reside within 100 miles or outside of 100 miles.

If parents reside 100 miles or less apart from one another, the parent with whom the child does not reside can expect to be awarded the standard possession order which will generally mean that parent will be entitled to possession of the child on the first, third and fifth weekend; Thursday’s of each night during the week; 30 days during the summer and alternating Christmas, Thanksgiving and spring break vacations.

If parents reside more than 100 miles apart from one another, the parent with whom the child does not reside can expect to be awarded the standard possession order which will generally mean that parent will be entitled to possession of the child on either the first, third and fifth weekend or one weekend of that parent’s choice per month; 42 days during the summer;  every spring break vacation and alternating Christmas and Thanksgiving vacations.

Obviously the presumption that is a parent should be awarded a standard possession order can be challenged.  The court will consider the best interests of the child.  For example if a the court determines that a child may be endangered by the standard possession order, the court may restrict the time of the non-primary parent, may order that the non-primary parent’s possession be supervised or place other safeguards to protect the child.

If a child is under the age of three, there is no presumption regarding a parent being awarded a standard possession order.  Court’s will routinely restrict the period of time that the non-primary parent will have possession, or order that the non-primary parent’s possession be supervised by the parent with whom the child resides.  The possession periods for a child who is under three can vary greatly and can be influenced by you and your attorney’s argument either for or against something close to standard possession.  Ultimately, when the parent with whom the child does not reside is involved in the child’s life the Court will make an effort to transition to a standard possession order for the child who is under three as soon as the court determines it will be in the child’s best interest.

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