When parents separate or divorce in Texas, one of the most important issues to resolve is how time with the child will be shared. The Texas Standard Possession Order (SPO) provides a legally recognized framework that courts often use to establish parenting time schedules. Understanding how the SPO works can help parents prepare for custody discussions and make informed decisions that support their child’s well-being.
This guide breaks down what the texas standard possession order is, how it works, when it applies, and what parents should consider.
What Is a Standard Possession Order in Texas?
A Standard Possession Order is a default visitation schedule created under the Texas Family Code. It outlines when a non-custodial parent (called the “possessory conservator”) spends time with the child, while the custodial parent (called the “primary conservator”) maintains primary residence and day-to-day responsibility.
Texas courts often use the SPO as a starting point in custody cases because it is presumed to be in the best interest of the child—unless evidence suggests otherwise.
Who Does the SPO Apply To?
The Standard Possession Order generally applies when:
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The parents live within 100 miles of each other
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The child is at least 3 years old
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There are no safety concerns such as abuse or neglect
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Both parents are capable of caring for the child
If parents live more than 100 miles apart, or if the child is under 3, the court may modify the standard schedule or create a custom possession plan.
Typical Standard Possession Schedule
Here is the general breakdown of a Texas Standard Possession Order:
1. Weekends
The non-custodial parent usually has possession:
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Every 1st, 3rd, and 5th weekend of each month
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From Friday at 6:00 PM to Sunday at 6:00 PM
(Some orders allow pickup from school instead of 6:00 PM.)
2. Thursday Evenings
During the school year:
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Every Thursday evening from 6:00 PM to 8:00 PM
(or from school dismissal to the next morning, depending on the court’s version)
3. Holidays
Holiday possession overrides the regular schedule. Common divisions include:
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Thanksgiving: Alternates each year between parents
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Christmas Break: Split into two parts, alternating annually
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Spring Break: Alternates each year
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Mother’s Day and Father’s Day: Always spent with the respective parent
4. Summer Vacation
The non-custodial parent typically receives:
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30 consecutive days in the summer
(extended to 42 days if parents live more than 100 miles apart)
The Expanded Standard Possession Order
Texas also allows an Expanded Standard Possession Order, which provides the non-custodial parent with additional time, such as:
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Weekend possession starting from Thursday evening instead of Friday
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Extended midweek stays
This option is often used when both parents live close together and can accommodate extra time.
Why Texas Uses the Standard Possession Order
The SPO provides:
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Consistency and predictability
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Reduced conflict between parents
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Clear expectations for exchanges
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A schedule courts are familiar with
Most importantly, it promotes frequent and continuing contact between children and both parents.
Can the Standard Possession Order Be Modified?
Yes. A court may modify the SPO if:
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The child’s needs change
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A parent relocates
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Work schedules shift
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There are safety or health concerns
Parents can also agree to a different arrangement if it better serves the child’s best interests, but the agreement must be approved by the court to be enforceable.
When the SPO May Not Be Appropriate
The court may avoid a standard schedule if:
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The child is under three years old
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A parent has a history of family violence
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Substance abuse is present
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The child has special medical or educational needs
In such cases, the court designs a customized possession plan.
Practical Tips for Parents
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Stay child-focused: The schedule should support stability and emotional security.
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Communicate clearly: Use written calendars or parenting apps.
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Be flexible when possible: Cooperation benefits everyone.
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Follow the order exactly: Violating possession terms can lead to legal consequences.
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Seek legal advice: Every family situation is unique.
Final Thoughts
The Texas Standard Possession Order is designed to simplify custody arrangements while prioritizing the child’s best interests. While it provides a reliable default framework, every family’s situation is different. Understanding your rights and responsibilities under the SPO can help you navigate custody arrangements with greater confidence and less conflict.