When parents decide to separate or divorce in Texas, one of the most important decisions they must make is how they will divide time with their child. Most Texas custody orders include a possession order that sets the schedule for each parent’s time with their child. The Standard Possession Order or SPO provides a basic visitation framework that supports the child’s best interest while ensuring both parents have regular, meaningful time with them.
What is the Standard Possession Order, and how can it affect your custody arrangements with your co-parent? At Melone Hatley, P.C., our experienced Fort Worth child custody attorneys are here to answer any questions you may have about custody and visitation laws in Texas and the Standard Possession Order, specifically.
What is a Standard Possession Order?
A Standard Possession Order is a parenting plan that sets out the minimum amount of time a child can spend with each parent. The SPO is a default schedule the court frequently uses to divide time between parents when making determinations. It sets clear guidelines for how parents will share time with their child after a divorce or custody dispute when parents can’t come to a mutual agreement or when no other enforceable agreement exists.
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How Does the Standard Possession Schedule Work?
In custody decisions in Texas, one parent is usually designated as the primary conservator, meaning the child’s primary residence is with that parent. The other parent, the possessory conservator or joint managing conservator, is typically granted possession and access, commonly called visitation.
The court encourages parents to come to a mutually agreed upon schedule that works for them regarding possession and access of the child. If parents agree to a schedule, they are free to follow it, provided the court has reviewed and approved it and incorporated it into a formal court order. However, if parents cannot reach an agreement on their own, the SPO provides a legally recognized structure that ensures regular, predictable visitation.
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What Does the Basic Standard Possession Schedule Look Like?
The SPO provides a detailed visitation schedule that balances the child’s needs for stability while maintaining a strong relationship with both parents.
When Parents Live Within 100 Miles of Each Other
When parents live within 100 miles of each other, the possessory conservator (noncustodial parent) is entitled to:
Weekend Possession
- The first, third, and fifth weekends of each month
- From 6:00 p.m. on Friday to 6:00 p.m. on Sunday
For parents who live within 50 miles of each other, an Expanded Standard Possession Order allows the possessory conservator an expanded weekend schedule. Under the Expanded SPO, weekend possession can begin at the time the child’s school is dismissed on Friday and extend until the time school resumes on Monday morning.
Thursday Evenings
- Every Thursday during the school year
- From 6:00 p.m. to 8:00 p.m.
For parents who live within 50 miles of each other, the Expanded Standard Possession Order allows for the Thursday visit to begin when school releases and end when school resumes the following Friday morning.
Holiday and School Breaks
- Thanksgiving
Alternates between parents each year - Christmas break
Splits into two halves, with one parent having the child from the day schools lets out until noon on December 28th, and the other parent having the child from noon December 28th until school resumes. - Spring break
Alternates yearly between parents - Mother’s Day and Father’s Day
Each parent gets possession on their respective holiday weekend.
Extended Summer Possession
- The possessory conservator is entitled to 30 days of summer visitation.
- That parent must provide notice by April 1st of each year specifying the dates they select. Otherwise, the default becomes July 1st – 31st.
- Parents can also agree to split the summer into two periods if both schedules allow for it.
- The custodial parent may also request to have the child for one weekend during the extended summer period
When Parents Live More Than 100 Miles Apart
When parents live more than 100 miles apart, the Standard Possession Order is modified to consider the increased distance.
Weekend Possession
- The possessory conservator can choose to exercise possession one weekend per month, with proper notice. They may also elect to exercise more frequent visitation, if feasible.
- Weekend visits are not limited to the first, third, or fifth weekend. The possessory conservator may select any weekend that works best for their travel needs.
Holiday and School Breaks
- Spring break goes to the possessory conservator when parents live over 100 miles apart.
- Other holidays remain similar to the under-100-mile schedule.
- Extended summer possession increases to 42 days.
When parents live farther apart, this modified schedule helps ensure they both have substantial time with the child, including longer stretches during school breaks and summer to make up for the less frequent visits during the regular school year. Parents can also agree to expand the basic SPO if they believe it’s in their child’s best interest.
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Why Doesn’t the SPO Apply to Children Under Three?
For children under the age of three, the court does not presume the Standard Possession Order is appropriate. Why is this?
The SPO was designed primarily with school-aged children in mind, who are generally able to handle extended weekends, overnight stays, and longer periods of time away from their primary caregiver. In contrast, infants and toddlers need more consistent and predictable time with parents. For this reason, courts are more cautious when setting visitation schedules for younger children.
Instead, the court may issue a custom possession schedule based on relevant factors, including
- Each parent’s ability to provide care for a young child
- The degree of involvement of each parent in the child’s early development
- Nursing, sleep schedules, or health issues
- The need for bonding and routine
Once the child turns three, the court may transition to the standard schedule or consider a new plan based on the child’s ongoing needs.
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Is the SPO Always a Good Option for a Family?
The Standard Possession Order isn’t right for every family and is not a one-size-fits-all solution. While it works well for many families, it may not meet the needs of every child or parent.
The SPO may not be appropriate when
- A child has special needs or developmental challenges
- One parent has an unusual work schedule
- There is a history of family violence or abuse
- The best interest of the child requires a different structure
Judges can and do tailor possession orders to fit the unique circumstances of certain cases. Parents are also encouraged to propose alternative arrangements that are more appropriate for their situation.
How Can Parents Agree to a More Customized Schedule?
While the Standard Possession Order provides a reliable default, Texas courts strongly encourage cooperative parenting.
If parents can agree on a custom schedule, whether it is more flexible or more structured, the court will typically approve it as long as it serves the child’s well-being. However, the judge will still carefully review an agreed upon schedule to ensure it meets legal standards and is in the best interest of the child.
The court will consider factors such as
- Stability and consistency in the child’s routine
- Each parent’s ability to provide for the child’s physical, emotional, and developmental needs
- The child’ age and developmental state
- The child’s relationship with both parents
- The distance between parents’ homes
- History of cooperation or conflict between parents
- History of family violence, abuse, or neglect
In high-conflict cases or where safety is a concern, the court may impose safeguards, such as supervised visitation, neutral exchange locations, or restrictions on overnight visits.
If an agreement appears to be mutually beneficial, is tailored to the child’s needs, and promotes continuing contact with both parents, the court is likely to approve it. Once the court signs off on an agreed parenting plan, it then becomes legally enforceable.
Creating a Plan That Works Best for Your Family
In Texas custody cases, the Standard Possession Order provides a basic structured framework for parents to share meaningful time with their children. However, every family is unique, and sometimes a customized arrangement will better serve your and your child’s best interests.
Understanding your rights and options is essential for protecting your relationship with your child. Working with an experienced family law attorney can make all the difference. At Melone Hatley, P.C., our Fort Worth family law attorneys can help you create custody and possession arrangements that put your child’s best interests first. Whether you need help navigating custody matters or would like to explore a custom schedule, we are here to advocate for you at every stage. Schedule a free consultation with one of our Client Services Coordinators by calling (817) 736 – 0277.
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