The Austin County Court at Law has jurisdiction over family law matters in Austin County. austincounty.com

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In Austin County, Texas, the typical timeline for divorce varies based on whether it is contested or uncontested, but the process can not be finalized unless than 60 days do to a mandatory state waiting period. An uncontested divorce in which both parties agree on all issues typically takes 2-4 months. Contested Divorce typically takes 6-18 months or more.

Texas law allows for several types of child visitation and possession schedules, with the Standard Possession Order (SPO) being the default option. While these schedules provide a framework, parents and courts can create custom schedules to fit a family's specific needs, always prioritizing the child's best interest. 

Austin County, like other counties in Texas, follows these statewide laws and guidelines. The specifics of an order may depend on local court procedures, but the foundational rules are set by the Texas Family Code. 

Types of Possession Schedules in Texas

Standard Possession Order (SPO)

The Standard Possession Order is the baseline visitation schedule for children aged three and older when parents cannot agree on a different plan. This schedule is presumed to be in the child's best interest and is adjusted based on the distance between the parents' residences.

• If parents live less than 100 miles apart: The non-custodial parent typically has possession of the child on the first, third, and fifth weekends of each month, from Friday at 6:00 p.m. until Sunday at 6:00 p.m.. During the school year, they also have a weekly visit on Thursdays from 6:00 p.m. to 8:00 p.m..

• If parents live more than 100 miles apart: The non-custodial parent can choose between the first, third, and fifth weekends of the month, or they can opt for one weekend per month of their choice, with 14 days' advance notice. Spring break is awarded to the non-custodial parent every year, and summer possession is extended to 42 days (up from 30).

The SPO also outlines schedules for holidays, including Thanksgiving and Christmas, which are typically divided on an even/odd year basis.

Expanded Standard Possession Order (ESPO)

This is an increasingly common option for parents who live in close proximity (typically less than 50 miles apart) and desire a more extensive time-sharing arrangement. The ESPO provides additional time by extending weekend visits and Thursday visits.

• Extended Weekends: Weekend possession can begin when school is dismissed on Friday and end when school resumes on Monday morning.

• Thursday Overnights: The non-custodial parent can have an overnight visit, picking the child up from school on Thursday and returning them to school on Friday morning. 

Custom and Modified Schedules

Parents can create their own customized possession schedules that best fit their family's needs. These are often used when a standard schedule is considered "unworkable or inappropriate". Judges will approve these schedules if both parents agree and the plan is in the child's best interest. Examples of custom schedules include:

• Week-on/week-off: Parents alternate possession of the child each week.

• 2-2-3 schedule: One parent has possession on Monday and Tuesday, the other has possession on Wednesday and Thursday, and they alternate the weekend (Friday-Sunday).

• 4-3 schedule: The child spends four days with one parent and three days with the other.

• Schedules for young children: For children under three, a "step-up" schedule may be used, starting with more frequent but shorter visits and gradually increasing time as the child gets older. 

‍You are likely to need both mediation and parenting classes in Austin County if children are involved in a legal case, but a judge will make the final determination. In Texas, a judge can order parenting classes (Parent Education and Family Stabilization Course) in any suit affecting the parent-child relationship (SAPCR) to help parents work together and reduce conflict. Mediation is also often encouraged or required to help parents agree on a parenting plan before the court makes final orders. 

Parenting classes

• Requirement: Texas Family Code § 105.009 gives courts the authority to order both parents to complete a Parent Education and Family Stabilization Course. This is common in divorce or custody disputes to help parents adjust to co-parenting.

• Purpose: The goal is to foster better communication, reduce conflict, and help parents create a more stable environment for their children.

• Availability: Many providers in the Austin County area, such as Putting Kids First, offer classes online and are accepted by the court. 

Mediation

• Requirement: While not always mandatory, courts strongly encourage mediation to help parents reach an agreement outside of court, which can be faster and less costly. The court can order mediation to help parents create a parenting plan that works for their family.

• Purpose: Mediation provides a structured setting for parents to have a dialogue and find solutions that prioritize the children's needs.

• Finding a mediator: You can find local providers through the Texas Attorney General's Access and Visitation Directory. 

How to proceed

• Check court orders: Review any current court orders to see if either mediation or parenting classes have already been ordered for your case.

• Contact your attorney: Your lawyer can help you navigate the specific requirements of your case and advise you on the best approach.

• Search for resources: Use resources like the Texas Attorney General's Access and Visitation Directory to find approved providers for both mediation and parenting classes in Austin County.