The Standard Possession Order Framework

Texas courts frequently rely on the Standard Possession Order (SPO) when determining possession schedules in divorce and custody proceedings. Historically, the traditional SPO provided that the non-custodial parent exercised possession on the first, third, and fifth weekends of each month, along with certain holiday periods. Tex. Fam. Code §153.312

Beginning September 1, 2025, the Texas Legislature increased the statutory cap used to calculate Texas child support for the first time since 2019. The adjustment to the net resources cap reflects the legislature’s periodic effort to align child support calculations with the economic realities of inflation.

The Net Resources Cap in Texas Child Support

During the trial, the Department’s representative testified twice that the Department was not seeking termination and instead requested conservatorship relief that would appoint the father as sole managing conservator while leaving the mother as a parent non-conservator.

Despite that testimony, the trial court entered a final order terminating the mother’s parental rights. The court of appeals affirmed the termination, concluding that the trial court was not bound by the Department’s statements at trial.

The case illustrates the narrow role appellate courts play in Texas family law cases. A party may appeal a final order in a Texas family law case, including conservatorship and possession orders, as in other civil cases. Tex. Fam. Code § 109.002.

Standard of Review in Texas Family Law Appeals

Dividing Property

It’s common for gray divorces to happen after decades of marriage, presenting unique considerations and challenges in the divorce process. These divorces often involve decades of accumulated assets and retirement benefits, and how Texas addresses community property in divorce has a particularly significant impact on long marriages.

The parties’ divorce decree awarded each spouse defined interests in the marital estate, including the marital residence. After the divorce, a dispute arose concerning one spouse’s alleged failure to maintain property awarded under the decree, which ultimately affected the value of the marital home. The aggrieved spouse sought relief in the trial court, alleging a violation of the decree and requesting enforcement.

Enforcement Versus Modification

Texas is a community property state, and trial courts must divide community property in a manner that is “just and right.” A ‘just and right’ division requires the trial court to divide the marital estate equitably. “Just and right”, as established in a Supreme Court of Texas case, Murff v. Murff, does not always mean an equal division, particularly in high-net-worth cases involving complex assets. (Citation: Murff v. Murff, 615 S.W.2d 696, 699 (Tex. 1981).)

Our Texas family law attorneys follow a multi-step process to determine how real estate should be divided upon divorce, and to ensure the fair division of real estate (and other assets) for our clients.

Even prior to the marriage, Schumer was an internationally famous comedian. Fischer is successful in his own field as a James Beard Foundation Award-winning chef, though Schumer’s net worth dwarfs Fischer’s at the time of writing. These facts matter when weighing the division of assets and debts, though a more penetrating accounting would be necessary.

It’s unclear whether the couple signed any pre- or post-marital agreements, as they never publicly commented on this facet of their relationship. This question piques our interest because pre-marital agreements, post-marital agreements, and pre-divorce planning simply carry higher stakes in terminations involving high-income spouses with significant assets (and possibly debts) to gain or lose.

The case involved a contested conservatorship proceeding between a separating husband and wife, co-parents of two young children. Throughout their legal battle, the trial court issued multiple temporary orders addressing conservatorship and possession of the children.

Initially, both parents were named temporary joint managing conservators, but the husband was granted the exclusive right to designate the children’s primary residence. As the parents continued to have challenges, later court orders imposed restrictions on the wife’s possession and visitation rights.

The Dispute Over Sealed Divorce Records

At the start of their divorce proceedings, the Paxtons requested that their court records be sealed. Media organizations then sought to unseal records from their divorce proceedings on the basis of the public’s interest and governmental accountability.