There has been an update of new legislation in Texas regarding shared custody or 50/50 custody orders that went into effect as of September 1, 2021. The law has expanded the time allotted at the beginning and end of weekends to the noncustodial parent.
According to SB1936 of Sept. 1, 2021, the bill expressly states the standard Possession Order that the alternative ending time for Monday school holiday and teacher in-service days is 8 a.m. on the following Tuesday, and if a conservator lives less than 50 miles from the other conservator, the court shall also award that conservator the alternative beginning and ending time for a standard possession order. This award does not apply if the possessory conservator declines one or of the alternative times or possession is limited by the court in the best interest of the child.
*If the Possessory Conservator lives more than 50 but not more than 100 miles from the child’s primary residence, the law will not change: that parent may still opt into the Expanded Standard Possession Order (ESPO) – but it will not be automatic.
This is helpful to the parent that has been left with the shorter amount of time giving extended holiday weekends to the nonconservator parent.
The purpose of the new change in the law is to provide children with more time with their noncustodial parent (called the “possessory conservator” in the new law). With these new beginning and end times, the possessory conservator is able to have a minimum of 46% of the total time with their child.
How SB1936 Affects You as a Parent
The new law allows for an Expanded Standard Possession Order (ESPO). If you are a noncustodial parent, this order will extend your child’s time with you. Instead of picking your kids up from school on Friday, you will get them after school on Thursday until Monday morning when you drop them off at school.
This change is not retroactive. This means it won’t apply to you if you already have an order in place. Instead, it applies to child custody disputes that are pending as of Sept. 1, 2021 or were filed after that date. The new law automatically applies to custody orders created after that date if certain criteria are met.
Requirements and Responsibilities of the Noncustodial Parent
You must live within 50 miles of your child’s primary home. With new custody orders, the extended time applies automatically for parents living within 50 miles. However, you can opt out of this right to the extra time.
If you live more than 50 miles but not more than 100 miles from your child’s primary home, you can “opt in” – it just isn’t automatic.
Reasons the new law may not be applied
Despite the change, the court’s primary concern is doing what is best for your child. A judge may choose not to allow the extended time because:
- The travel time between the two houses is too much for your child.
- One or both parents do not have reliable vehicles, and public transportation isn’t an option.
- The possessory conservator fails to stay involved in their child’s life on a consistent basis.
Don’t Waive Your Rights Before You Know Your Responsibilities
Before going to court, you need to understand what is required by this new law. Don’t agree to or waive your rights to the extended time without knowing your responsibilities first. Unfortunately, you can’t ask for a modification of your custody order just to take advantage of the new law.
Confused about the new custody laws in Texas? Let Marx, Altman & Johnson guide you through the complexities. Ensure your child’s best interests are met. Contact us today for expert legal advice tailored to your situation.
