Extended or expanded standard possession order – what it is.
One of the questions we get at our firm is: how do I get more time with my child?
You may need to modify your previous child custody order. This is called modification. In a modification suit, you ask the court for a change in its previous ruling. The order may be about which parent has the right to choose where the child lives. Also, your order may determine which parent gives child support.
There is a rebuttable presumption that mom gets child support and decides where the child lives. Again, this is rebuttable – meaning, you can challenge it. Rebuttable presumption means an assumption that a court accepts as true unless someone comes forward to contest it and prove otherwise. There are situations where mom should not receive child support. An example is where dad is actively involved in the child’s life than mom. Other times, mom is using drugs or has mental health disorder that endangers the child’s life. Talk to an attorney about the specific facts of your case.
When you want more time with your child, ask the court for it – especially if it falls outside of your previous order. In addition, a couple that is going through a divorce can agree that one parent will get more time with the child. This is also known as an Extended or Expanded Standard Possession Order. I know, it sounds like a mouth-full!
So, the Texas Family Code does not have a direct use of the word ‘extended’ or ‘expanded’ for custody. But, there are wiggle rooms where parents can adjust their schedules and can even get creative (by agreement) with visitation.
Expanded Standard possession (ESP) is different.
The Difference between Standard Possession and Expanded Standard Possession
For example, a standard possession gives the secondary (non-custodial) parent access and possession on 1st, third, and first Friday to Sunday 6 p.m.
ESP gives the secondary parent more time with his or her child. For example, in addition to SP above, you get Thursdays evenings. Pick up is after school resumes on Friday.
See the attachment below for a template of expanded standard possession.
Talk to one of our attorneys about your case. How can we help?