SAFE AND WORKABLE ORDERS
For families where a parent has been abusive, controlling or harassing, the behavior might continue post-separation, throughout parenting time exchanges, and during decision-making procedures. This creates unique safety and parenting challenges for families.
Standard Orders
When setting a child support order, Texas law requires the court to make a ruling about conservatorship (custody) and parenting time (visitation).
The law provides guidance for what the court must order for most circumstances. The court can make a different order if evidence or testimony is presented and the court finds that it is in the best interest of the child(ren) to make an order with extra safety precautions. Under most circumstances, the court will issue an order for Joint Managing Conservatorship (custody) and Standard Possession Order (parenting time).
Joint Managing Conservatorship is the sharing of rights and duties to make decisions about the child(ren) by both parents. This includes both parents having access to medical records and school records about their child(ren).
Standard Possession Order (SPO) is an order that provides a parent with details setting the visitation schedule and exchange locations. Terms of the basic SPO allow the other parent to have parenting time with the child(ren)
- On Thursdays while school is in session;
- on the first, third, and fifth weekends of each month;
- on alternating holidays and
- at least one month in the summer.
For more information, visit the Parenting Time Overview on the Child Support Division website.
Variations of Standard Orders
The law gives the court the ability to grant an order that is different from a Standard Possession Order if there are specific reasons, such as safety concerns. The court must base the ruling on what is in the best interest of the child(ren).
You may need to tell the judge if:
- You have family violence concerns.
- There are any police reports, Child Protective Services (CPS) investigations, or other incidents that can help him or her make an order to protect you and your child(ren).
- The other parent has had little or no prior contact with the child(ren).
- The child is under three and the other parent has not had frequent, ongoing contact with the child(ren).
Ask child support staff if they can request adjustments to meet your family’s needs. If you answer “yes” to the consideration, then the possible variations may be:
Consider
- Do you feel safe making decisions with the other parent about such things as the child(ren) school, activities and medical issues? Why not?
Available Variation
- Sole Managing Conservatorship (SMC) grants the rights and duties of parenting to one parent.
Consider
- Are there any pending family violence charges, Child Protective Services involvement or a protective order?
- Have there been specific threats of violence related to parenting time in the past?
- Who will supervise the parenting time?
Available Variation
- Supervised Parenting Time –These are visits where someone stays with the child(ren) while the other parent has his or her parenting time. It can be supervised by someone you pick or an organization.
Consider
- Are there terms or conditions to parenting time based on successful completion of a previous phase?
Available Variation
- Warm Up Parenting Time (0-3 Years Old) – This is where the other parent slowly gets to know the child(ren) during shorter periods of time before having longer visits. The parent can have a certain number of visits for four hours and once he or she finishes that step, he or she can move on to the next step of having a longer period of parenting time.
Consider
- Is there a public place that may be safer for drop-off or pickup? What public locations provide the possibility of a safe exchange?
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What are the safety risks to individuals during the exchange?
Available Variation
- Neutral Exchange – This can be a specific public place or location for the pickup and drop-off.
Consider
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What are the safety risks to individuals during the exchange? Is there a fear that the other parent may take the child(ren) to another country based on threats, actions or ties?
Available Variation
- International Parental Abduction and Court Ordered Customizations – The court can order that one parent keep the child(ren)'s passport.
Protective Orders
A current (not expired) protective order addressing parenting time (visitation) trumps another court order. An expired protective order does not affect those rights but may be considered evidence of a history of family violence by the judge.
You do not have to have a protective order for the Child Support Division to provide safety options for services. If there is a current protective order, share it every time you visit with child support staff or public benefits office. The Child Support Division should keep your information confidential, with some exceptions for information about child abuse reporting or if you tell them you are in immediate danger.
Texas law generally expects parents to work together in a cooperative way to meet the needs of their child(ren). This means that all parents, even those that have experienced abuse, may be expected to co-parent with their child(ren)'s other parent. For an additional resource about co-parenting, please visit https://texas-advocacy-project.teachable.com/p/survivor-series-parenting-and-abuse.
Texas law gives or provides some protections for families overcoming these challenges. The court must follow the Texas Family Code but may have the ability to make an order ensuring that safety precautions are taken to protect families. You may have to tell the judge about your concerns so he or she can grant an order with specific precautions.
Think about your experiences with the other parent and ask yourself these questions:
- What will you and your child(ren) need to feel physically and emotionally safe and financially stable?
- How can you best convey this to the child support staff and the judge?
You will be responsible for telling the court about the abuse you experienced, explaining the need for a different visitation schedule, safe pick up and drop-off locations, or keeping your address private from the other parent and out of the public record. Broadly speaking, you will be your own advocate throughout this process unless you hire an attorney to represent you.
Note: All family violence centers have a legal advocate, who may not be attorneys but who may be able to help you navigate through legal processes such as this.