Understanding the Standard Possession Order In Texas
When parents separate or divorce, one of the biggest challenges they face is establishing a visitation schedule that balances the child’s stability with fairness for both parents. In Texas, this schedule is based on the Family Code’s Standard Possession Order. Therefore, understanding the Standard Possession Order—and, particularly, how distance between households affects it—is crucial to understanding when each parent may exercise visitation of a child.
What Is the Standard Possession Order?
The Standard Possession Order (SPO) is a statutory schedule that gives the noncustodial parent possession of the child at specific times. The schedule varies depending on the distance between the parents’ homes. Additionally, the noncustodial parent may make an “election” to adjust pick-up and drop-off times—e.g., by picking up the child directly from school.
Texas law presumes the SPO is in the best interest of a child who is three years old or older. While that presumption can be rebutted, the SPO forms the basis of the court’s visitation order in most cases. The SPO applies regardless of whether parents were ever married and can be ordered in divorce cases, custody suits, paternity cases, and protective order cases.
How Distance Affects the Standard Possession Order
Texas is a geographically big state. Therefore, a parenting schedule that works when both parents live in the same city might not work if one parent moves to another county or across the state. To account for this issue, the Family Code adjusts the SPO based on the distance between the parents’ homes.
When Parents Live Within 50 Miles of Each Other
This arrangement follows what is commonly referred to as the “Extended Standard Possession Order.” Parents who live within 50 miles receive the extended schedule automatically—no special request is needed. Here, the noncustodial parent is entitled to the following periods of possession unless the court finds otherwise:
Weekends: The 1st, 3rd, and 5th weekends of each month, beginning when school is dismissed on Friday and ending when school resumes on Monday.
When school is not in session, visitation begins on Friday at 6:00 p.m. and continues until Sunday at 6:00 p.m.
When a weekend is extended by a school holiday or teacher in-service day that falls on a Monday, visitation ends at 8:00 a.m. the following Tuesday.
Thursdays: Every Thursday evening during the school year, beginning when school is dismissed on Thursday and ending when school resumes on Friday.
Spring Break: In even-numbered years, beginning when school is dismissed on Friday and ending at 6:00 p.m. the day before school resumes.
Christmas Break: In even-numbered years, beginning when school is dismissed for the holiday and ending at noon on December 28. In odd-numbered years, beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes from the holiday.
Thanksgiving: In odd-numbered years, beginning when school is dismissed for the holiday and ending at 6:00 p.m. on the following Sunday.
Father’s Day: If the father does not have visitation of the child on Father’s Day, beginning at 6:00 p.m. on the Friday before Father’s Day and ending at 8:00 a.m. on the Monday after Father’s Day.
Mother’s Day: If the mother does not have visitation of the child on Mother’s Day, beginning when school is dismissed on the Friday before Mother’s Day and ending when school resumes after Mother’s Day.
Child’s Birthday: If the noncustodial parent does not have visitation of the child on the child’s birthday, beginning at 6:00 p.m. and ending at 8:00 p.m.
Summer Vacation: 30 days of extended summer possession, which the noncustodial parent can be exercised in one block or split into two periods of at least seven days each.
If the noncustodial parent gives written notice by April 1, that parent can select the dates.
If no notice is given, the default is 6:00 p.m. on July 1 to 6:00 p.m. on July 31.
When Parents Live Between 51 and 100 Miles Apart
Parents in this category can choose between the default schedule under the SPO or elect the alternative beginning and ending periods under the extended standard possession order. Under the default rules, the noncustodial parent living between 51 to 100 miles from the custodial parent is entitled to the following periods of possession:
Weekends: The 1st, 3rd, and 5th weekends of each month, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Sunday.
When a weekend is extended by a school holiday or teacher in-service day that falls on a Friday, visitation begins at 6:00 p.m. on the preceding Thursday.
When a weekend is extended by a school holiday or teacher in-service day that falls on a Monday, visitation ends at 6:00 p.m. on Monday.
Thursdays: Every Thursday evening during the school year, beginning at 6:00 p.m. and ending at 8:00 p.m.
Spring Break: In even-numbered years, beginning at 6:00 p.m. the day school is dismissed and ending at 6:00 p.m. the day before school resumes.
Christmas Break: In even-numbered years, beginning at 6:00 p.m. the day school is dismissed for the holiday and ending at noon on December 28. In odd-numbered years, beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes from the holiday.
Thanksgiving: In odd-numbered years, beginning at 6:00 p.m. the day school is dismissed for the holiday and ending at 6:00 p.m. on the following Sunday.
Father’s Day: If the father does not have visitation of the child on Father’s Day, beginning at 6:00 p.m. on the Friday before Father’s Day and ending at 6:00 p.m. on Father’s Day.
Mother’s Day: If the mother does not have visitation of the child on Mother’s Day, beginning at 6:00 p.m. on the Friday before Mother’s Day and ending at 6:00 p.m. on Mother’s Day.
Child’s Birthday: If the noncustodial parent does not have visitation of the child on the child’s birthday, beginning at 6:00 p.m. and ending at 8:00 p.m.
Summer Vacation: 30 days of extended summer possession, which the noncustodial parent can be exercised in one block or split into two periods of at least seven days each.
If the noncustodial parent gives written notice by April 1, that parent can select the dates.
If no notice is given, the default is 6:00 p.m. on July 1 to 6:00 p.m. on July 31.
When Parents Live More Than 100 Miles Apart
For families separated by distances over 100 miles, the SPO permits fewer visits but longer stays. Under these circumstances, the noncustodial parent is entitled to the following periods of possession:
Weekends: The noncustodial parent can either:
Keep the 1st, 3rd, and 5th weekend schedule; or
Elect one weekend per month, chosen by the noncustodial parent with at least 14 days’ written or telephonic notice to the other parent.
Thursdays: The midweek Thursday visit is not included.
Spring Break: Every year, beginning at 6:00 p.m. the day school is dismissed and ending at 6:00 p.m. the day before school resumes.
Christmas Break: In even-numbered years, beginning at 6:00 p.m. the day school is dismissed for the holiday and ending at noon on December 28. In odd-numbered years, beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes from the holiday.
Thanksgiving: In odd-numbered years, beginning at 6:00 p.m. the day school is dismissed for the holiday and ending at 6:00 p.m. on the following Sunday.
Father’s Day: If the father does not have visitation of the child on Father’s Day, beginning at 6:00 p.m. on the Friday before Father’s Day and ending at 6:00 p.m. on Father’s Day.
Mother’s Day: If the mother does not have visitation of the child on Mother’s Day, beginning at 6:00 p.m. on the Friday before Mother’s Day and ending at 6:00 p.m. on Mother’s Day.
Child’s Birthday: If the noncustodial parent does not have visitation of the child on the child’s birthday, beginning at 6:00 p.m. and ending at 8:00 p.m.
Summer Vacation: 42 days of extended summer possession, which the noncustodial parent can be exercised in one block or split into two periods of at least seven days each.
If the noncustodial parent gives written notice by April 1, that parent can select the dates.
If no notice is given, the default is 6:00 p.m. on June 15 to 6:00 p.m. on July 27.
What If the Standard Possession Order Doesn’t Work?
While the SPO supplies default periods of possession, the parties may have possession of the child at times mutually agreed to in advance, even if the agreement deviates from the SPO. This flexibility allows co-parents to temporarily deviate from the SPO without court intervention (e.g., when one parent is unable to exercise visitation due to a conflicting schedule).
Still, certain cases (particularly those where the parents cannot co-parent amicably) require the parties to include a modified possession order in the decree or order. Some instances where Texas courts are likely to grant a modified possession order are when:
The child is under the age of three
There are concerns about the child’s emotional or physical safety
The SPO would be impractical due to work schedules, travel distance, or other reasons
In those cases, the court may issue a modified possession order. A modified possession order encompasses any visitation schedule that differs from the SPO, meaning it can be tailored to meet the specific needs or circumstances of any family. Examples of modified possession orders involve alternating weeks, split weeks, or supervised visitation.
Consult a Knowledgeable Texas Divorce Lawyer
Understanding the SPO is essential for any parent navigating custody or visitation in Texas. Whether you're working through a divorce, a modification, or a standalone SAPCR, having clarity about your rights and responsibilities can make all the difference.
Whether your case involves an SPO or requires a modified possession order, consulting an experienced divorce lawyer can help protect your rights and ensure the final order meets your family's needs. Do not let dealing with the legal system add more stress to your situation. We handle the details so you can focus on moving forward. You have one chance to do this—make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.