Standard Possession Orders for Texas family law cases

Parents navigating custody cases often hear the term but still wonder, what is a Standard Possession Order? In Texas, a Standard Possession Order (SPO) is a court-ordered schedule that defines when each parent has the right to spend time with their child. It aims to minimize confusion and reduce conflict by setting clear, legally enforceable guidelines. The Texas Family Code provides a default plan that fits many families, typically giving the noncustodial parent regular weekend, holiday, and summer visitation. However, this schedule doesn’t work for everyone. Understanding what is a Standard Possession Order can help you plan more effectively, protect your child’s routine, and explore adjustments that better fit your family’s unique needs.

What Is a Standard Possession Order?

A Standard Possession Order outlines when each parent will have physical possession of the child. It typically applies when the child is at least three years old. Judges use it as a starting point, but parents can agree to follow a different schedule if both believe it serves the child better.

Texas law assumes the SPO is in the child’s best interest unless one parent proves otherwise. The order becomes part of the court’s final custody decision.

Who Gets the Standard Possession Schedule?

The SPO usually applies in cases involving joint managing conservatorship. This means both parents share rights and duties, but one parent has the right to choose the child’s primary residence. The other parent receives possession according to the SPO unless the court finds that the arrangement would not benefit the child.

The parent who does not decide the child’s primary residence is often called the non-custodial parent. This parent usually follows the SPO for visits and holidays.

The Basic SPO Schedule

The Standard Possession Order sets a predictable routine during the school year, along with alternating holidays and extended summer visits.

During the School Year

Under a standard order, the non-custodial parent has the child:

• On the first, third, and fifth weekends of each month, starting at 6 p.m. Friday and ending at 6 p.m. Sunday
• Every Thursday evening during the school year, usually from 6 p.m. to 8 p.m.
• Weekends begin when school lets out Friday and end when school resumes Monday, if parents live within 50 miles of each other and agree to the extended version

During the Summer

The non-custodial parent gets 30 days during the summer. If the parent gives notice before April 1, they can choose those days. If no notice is given, the visit starts July 1 and ends July 31. The custodial parent can also select one weekend during the other parent’s summer possession to have the child back.

Holidays

Texas SPOs alternate major holidays:

• Thanksgiving: One parent has even years, the other has odd years
• Christmas: Split into two parts—one parent has the child from the day school lets out until noon December 28, the other from noon on December 28 to the day before school resumes
• Spring Break: Alternates each year
• Mother’s Day and Father’s Day: The child spends time with the appropriate parent, regardless of the regular schedule

This structure helps avoid confusion and encourages fairness during holidays.

Modified SPOs Based on Distance

Texas courts allow modifications to the SPO based on how far apart the parents live.

Within 100 Miles

If both parents live within 100 miles, the non-custodial parent usually gets:

• First, third, and fifth weekends
• Weekly Thursday visits
• Extended summer possession
• Alternating holidays

Over 100 Miles

When parents live more than 100 miles apart, the court often removes the Thursday visit. The weekend schedule may change to one weekend per month instead of three.

The non-custodial parent still gets 42 days during the summer, which includes the original 30 days plus an extra 12 days. The parent can also choose to have spring break every year.

Can Parents Agree to a Different Schedule?

Yes. Courts encourage cooperation when parents agree on custody and visitation terms. If both parents work nontraditional hours or live far apart, they can create a custom possession schedule. The judge will usually approve it as long as it appears fair and benefits the child.

Written agreements help avoid misunderstandings. If parents agree informally without updating the court order, enforcement becomes difficult later on.

What If My Child Is Under Three?

Texas does not apply the SPO to children under three. For younger children, the court creates a possession schedule based on the child’s age, health, and need for frequent contact with both parents.

As the child grows, the parents may modify the schedule to align with the Standard Possession Order.

Can the Court Deny a Standard Possession Order?

Yes. If a judge believes the SPO would harm the child’s emotional or physical health, they may issue a different schedule. This usually happens in cases involving:

• Family violence
• Substance abuse
• Neglect
• A parent’s absence from the child’s life

In these cases, the court might order supervised visits or shorter time blocks until conditions improve.

How to Handle Violations

If one parent refuses to follow the court-ordered schedule, the other parent can file an enforcement action. This asks the court to review the violation and take corrective steps. Courts may impose penalties or make changes to the order depending on the circumstances.

Keep accurate records of visits, missed exchanges, and communication. Written proof helps support enforcement or modification requests.

Should You Ask for a Standard or Custom Possession Order?

It depends on your child’s needs, your schedule, and how well you co-parent. The Standard Possession Order works well for many families because of its structure and predictability. But if you or the other parent have unusual work hours, travel often, or have younger children, a custom order may work better.

Talk to your attorney or legal aid service to review what schedule makes sense for your case.

Key Takeaways on Texas Standard Possession Orders

What is a Standard Possession Order? In Texas, it’s a court-approved schedule that outlines how divorced or separated parents share time with their child. Designed to promote consistency and fairness, the Standard Possession Order (SPO) provides a structured framework that helps children maintain stability while allowing both parents meaningful involvement. While the standard plan works well for many families, it’s not one-size-fits-all. Before agreeing to a schedule or attending court, consider your child’s needs and your ability to follow the terms. If necessary, you can request modifications to better fit your circumstances. By understanding and working within the SPO framework, parents can foster a healthier, more cooperative co-parenting environment.

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