More overnights, more school-day involvement, and greater consistency – how the possession schedule has changed for noncustodial parents.
When co-parents in San Antonio talk about parenting time and visitation – legally referred to as possession in Texas – they’re often surprised to learn that the rules have changed. Texas has long used a Standard Possession Order (SPO) as the default visitation schedule for noncustodial parents. But now, the Expanded Standard Possession Order, or ESPO, has become the presumed default schedule for families who live within 50 miles of each other.
This change offers qualifying noncustodial parents more meaningful parenting time – particularly during the school week – and allows children to maintain more consistent routines with both parents.
Defining the Terms Under Texas Law: What the Law Actually Says
Understanding the updated schedule begins with getting familiar with a few key terms. These definitions set the foundation for how possession schedules are set and interpreted in Texas.
While many parents think in terms of custody and visitation, Texas uses different legal terminology, which can be confusing when navigating co-parenting. To make informed decisions, it’s important to understand the difference between possession, conservatorship, and who is considered the custodial or noncustodial parent.
Possession order – A possession order outlines when each parent has physical custody of the child. This is the court’s parenting time schedule. It may include weekends, midweek visits, holidays, school breaks, and summer vacations.
Conservatorship – Conservatorship refers to parental rights and responsibilities, not physical possession.
Primary Conservator – Often referred to as the custodial parent, this is the parent who determines the child’s primary residence.
Possessory Conservator – Often referred to as the noncustodial parent, this is the parent awarded possession time under a court order.
Understanding these terms helps parents set realistic expectations. While conservatorship determines rights and responsibility, possession schedules dictate how often and when children spend time with each parent. The expanded schedule affects the possessory conservator’s rights, affording them more time, consistency, and shared parenting responsibilities.
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What the Standard Possession Order Used to Look Like
Before the recent update, most Texas families followed the Standard Possession Order (SPO). While it provided regular parenting time, it often fell short of allowing the noncustodial parent to participate in weekday routines like homework, dinner, school drop-offs, and extracurricular activities. While it allowed contact, it didn’t always provide meaningful connection.
The old SPO allowed:
- Weekend time: 1st, 3rd, and 5th weekend from Friday at 6:00 pm to Sunday at 6:00 pm – This meant the child was often back home Sunday night, with little opportunity for the noncustodial parent to be involved in Monday routines.
- Midweek visitation with no overnight stay – This was a short midweek visit (usually from 6 pm to 8 pm on Thursday) without an overnight stay.
- Summer possession – This was a block of 30 days, or two 15-day periods, often during summer vacation.
- Alternating holidays – Parents alternated major holidays, including Christmas, Thanksgiving, spring break, and Mother’s/Father’s Days.
While this schedule ensured a continued relationship with both parents, it didn’t always provide involvement during the school week. With increasing recognition of the importance of consistent parental involvement, Texas has moved toward expanding access, and that is where the Expanded Standard Possession Order comes into play.
How the Expanded Standard Possession Order Has Changed Parental Involvement in Texas
The Expanded Standard Possession Order (ESPO) has always existed, but it used to require a parent to specifically request it. Many noncustodial parents never even knew it was available. Now, however, it is the presumed schedule when parents live close by, and no significant concerns exist. This change gives children access to both parents in more genuine and consistent ways.
Enhancements under ESPO (now the default) include;
- Overnight Thursdays – Instead of only a brief evening visit, noncustodial parents now typically have Thursday after school through Friday morning, allowing them to participate in weekday routines, homework, and school drop-off.
- Extended weekends – Weekends now typically begin when school releases on Friday and continue through Monday morning. This allows longer, more natural time blocks, especially for young school-age children.
- Alignment with school schedules – the ESPO syncs with actual school dismissal and start times, making transitions less disruptive and more consistent.
- Provides a more meaningful parenting share – While ESPO doesn’t create a true 50/50 split, it does increase parenting time for the noncustodial parent to approximately 40 to 45%, better supporting bonding and consistent involvement.
These additional overnights and extended weekends allow children to form stronger bonds, maintain consistent routines, and feel that both parents are involved in their lives and not just weekend visitors. This acknowledges our modern understanding that meaningful parenting time doesn’t just happen on the weekends, but throughout the week as well.
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Who Qualifies Under the Expanded Standard Possession Order?
Not every parent is entitled to the expanded schedule. The law specifically supports shared parenting under ESPO when it is practical and beneficial, particularly when both parents live near each other.
Parents are most likely to qualify for ESPO when:
- The noncustodial parent lives within 50 miles of the child’s primary residence
- The child is 3 years or older
- There are no safety or welfare concerns that restrict possession
- The parent has suitable housing, transportation, and the ability to care for the child
Non-qualifying factors include:
- The child is under 3
- The parent lives more than 50 miles away
- There is a history of addiction, family violence, or safety restrictions
- The court has ordered supervised visitation
- The parent frequently relocates or cannot maintain stable routines
The ESPO is now the presumed starting point for noncustodial parents, but either parent can argue that it should not apply if it doesn’t serve the child’s best interest, which remains the court’s guiding principle.
For San Antonio families, the Expanded Standard Possession Order is now the default, not the exception. But every family is unique. The court will still examine whether the schedule truly supports the child’s emotional, educational, and developmental needs.
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What This Means for San Antonio Families
Parenting schedules in Texas are no longer just about dividing weekends between parents. They are about creating genuine, stable, and nurturing relationships with both parents. The Expanded Standard Possession Order recognizes that children benefit when both parents are fully involved in their lives. It also means that noncustodial parents are now expected to take a more active role in weekday routines, such as school mornings, extracurricular activities, and other daily responsibilities, not just fun or casual time.
Getting the Assistance of an Experienced San Antonio Custody Attorney
The law has changed, and for many San Antonio families, it opened the door to more balanced parenting, stronger family bonds, and better long-term outcomes for children. Whether you are navigating a custody decision or considering a modification, understanding the Expanded Standard Possession Order can help you make informed decisions.
At Melone Hatley, P.C., our San Antonio family law attorneys are here to help. We can help you understand your rights, modify an existing order, or create a parenting plan that truly supports your family’s needs and your child’s best interests. Call us at 210-688-8550 or contact us online to schedule a free consultation with one of our Client Services Coordinators.
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