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Parents often struggle with the logistics of co-parenting after a custody case. Tension can rise during exchanges if there’s no clear plan in place. The Texas Standard Possession Order lays out specific rules to prevent confusion and limit conflict. Understanding the rules around the exchange of children under a Texas Standard Possession Order helps parents stay organized, follow the law, and protect their child’s emotional well-being. Knowing what to expect during pickups and drop-offs makes the entire process easier to manage.
What Is a Standard Possession Order?
A Texas Standard Possession Order sets a schedule for each parent’s time with the child. The order usually applies once the child turns three years old and can continue until they turn eighteen. It covers weekdays, weekends, holidays, and summer visits.
Most SPOs follow the “first, third, and fifth weekends” model, with alternating holidays and extended time in the summer for the noncustodial parent. It includes specific times for picking up and dropping off the child, so both parents know what to expect.
Parents can agree to change these details, but if they don’t agree, the SPO rules apply.
When Do Exchanges Take Place?
The schedule depends on where the parents live and the version of the SPO used. There are two main types:
1. Regular Standard Possession Order
This applies when both parents live within 100 miles of each other. Here’s how the schedule typically works:
- Weekends: First, third, and fifth weekends of the month from 6:00 p.m. Friday to 6:00 p.m. Sunday
- Thursdays: Every Thursday during the school year from 6:00 p.m. to 8:00 p.m.
- Holidays: Alternating holidays such as Thanksgiving, Christmas, and Spring Break
- Summer: Extended summer possession for up to 30 days
2. Expanded Standard Possession Order
This version gives the noncustodial parent longer periods. It allows pickup when school ends on Friday and return when school resumes on Monday. It also extends Thursday visits overnight.
Many judges now order the expanded version by default, unless one parent objects or a different arrangement serves the child’s best interests.
How the Exchange Works
The order gives specific instructions on where and when to exchange the child. Usually, parents pick up and drop off the child at the other parent’s home, unless the court orders a different location.
Weekends and Weekdays
- The noncustodial parent picks up the child at the custodial parent’s home at 6:00 p.m. Friday.
- On Sunday at 6:00 p.m., the noncustodial parent returns the child to the custodial parent.
- During school terms, the Thursday visit begins at 6:00 p.m., with the child returned by 8:00 p.m. unless using the expanded version.
Summer and Holidays
Holiday and summer exchange times vary. For example:
- The Christmas break often splits into two halves. One parent gets the first half starting at school dismissal before Christmas and ending at noon on December 28. The other parent gets the second half.
- For summer visits, the noncustodial parent must notify the custodial parent of the chosen 30-day period by April 1 each year.
If no notice is given, the default period runs from July 1 to July 31.
What If the Parents Live Far Apart?
If parents live over 100 miles apart, the order adjusts the schedule. The noncustodial parent may only get one weekend a month but may receive longer holiday and summer periods.
Travel logistics become part of the exchange. The order may require the receiving parent to cover travel or meet halfway. These details usually appear in the final court order to reduce disputes.
Tips to Make Exchanges Smoother
Even when parents follow the order, tensions can still rise. These tips help make the process easier for both parents and the child:
1. Be On Time
Arrive on time for pickups and drop-offs. Lateness can fuel arguments and cause stress for the child. Set alarms or reminders to stay consistent.
2. Stay Calm During the Handoff
Avoid arguments in front of the child. Speak respectfully or limit conversation if tension exists. If needed, bring a neutral third party to help keep things calm.
3. Stick to the Order
Follow the schedule unless both parents agree to a change in writing. Verbal agreements can lead to confusion and court issues later.
4. Document Exchanges
Use a parenting app, text messages, or emails to confirm times and locations. Documentation helps if disagreements arise or a court needs to review the exchange history.
5. Put the Child First
Focus on the child’s comfort and emotional needs. Encourage them to enjoy their time with the other parent. Don’t guilt them or question them after the exchange.
What Happens If One Parent Doesn’t Follow the Order?
If a parent refuses to comply, the other parent can file a motion to enforce the order. The court may fine them, order make-up time, or even change custody in serious cases.
Judges take noncompliance seriously. If one parent consistently skips visits or fails to return the child on time, they risk losing parenting rights.
Always document violations and try to resolve them calmly before taking legal action. Courts prefer that parents resolve minor disputes without repeated filings.
Can Parents Agree on a Different Schedule?
Yes. The Standard Possession Order acts as the default schedule, but parents can agree to a custom schedule that works better for their situation.
If both parents agree in writing, they can make changes as needed. Some parents adjust the schedule for work shifts, travel, or school breaks.
However, once a dispute arises, the original SPO takes effect unless the court modifies it. If you expect ongoing changes, it’s better to get a modified court order.
Common Exchange Disputes and How to Handle Them
Disputes often come up during holidays, travel, or when one parent wants to change the plan at the last minute. Here’s how to handle the most common problems:
Late Pickups or Drop-offs
Communicate delays clearly and in advance. If it becomes a pattern, document it and discuss possible solutions. Consistency helps the child feel secure.
Missed Exchanges
If a parent skips an exchange without reason, document it. Try to resolve it with a conversation first. If needed, involve a mediator or attorney.
Uncomfortable Environments
If the child complains about the other parent’s home, talk to your attorney before making assumptions. Courts require evidence before changing custody.
Last-Minute Changes
Avoid sudden changes unless there’s an emergency. Make requests in writing and give as much notice as possible.
Final Thoughts
A Texas Standard Possession Order helps parents know exactly when and how to exchange their children. It creates a routine that benefits everyone, especially the child. When both parents follow the order and act respectfully, the process becomes smoother and less stressful.
Preparation, punctuality, and a child-centered approach go a long way. If disputes arise, focus on solutions and keep documentation. Courts prefer parents who make an effort to cooperate while respecting the order.
Need Legal Guidance?
If you’re dealing with custody exchanges or facing problems with a possession order, we can help. Our team supports parents across Texas who want a smoother co-parenting process. Contact us today to discuss your situation and get help with enforcing or modifying your custody order.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
