A child custody order typically includes a standard possession order (SPO), which sets the schedule for each parent’s time with their shared child. The law governing SPOs is found in the Texas Family Code Section 153.3101 through Section 153.317. These orders are designed to serve the best interests of the child and provide a consistent and predictable schedule used by many Texas families. At Barton & Associates Attorneys at Law, PLLC, we can ensure that your rights are protected and that the court takes every important factor into account.

How the Standard Possession Order Works in Texas

The SPO is used in cases where the non-custodial parent lives within 100 miles of the other parent and the child. When the parties live farther apart than this, the court will generally go with a different approach to visitation.

Under this standard schedule, the non-custodial parent will have child visitation on the first, third, and fifth weekends of each month. A weekend starts when school lets out on Friday or 6 p.m. The weekend concludes on Sunday evening at 6 p.m.

In addition to alternating weekends, the non-custodial parent also gets some time with the child during the week. Every Thursday, that parent will have the child for the afternoon until 8 p.m.

The SPO also divides holidays between the parents: 

• Thanksgiving – The noncustodial parent gets the child in even-numbered years, and the custodial parent gets the child in odd-numbered years.
• Christmas Break – The noncustodial parent gets the child for the first half of the Christmas break in odd-numbered years, and for the second half in even-numbered years. 
• Spring Break – The noncustodial parent gets the child for spring break in even-numbered years.
• Summer Vacation – The noncustodial parent can also have 30 days of visitation during the summer (either consecutively or broken up).
• Birthdays – The noncustodial parent is entitled to possession of the child on the child’s birthday if it falls on their scheduled visitation day. If it does not, they may have the child for two hours in the evening.

Note: An Expanded Standard Possession Order is also available, which gives the noncustodial parent more time with the child by altering the weekend visitation times and extending the Thursday visit to an overnight stay.

Exceptions and Adjustments

While the SPO is the standard, the court will always consider the best interest of the child and may deviate from the standard schedule in special circumstances, such as when the child is under three years old, or if there are concerns about the child’s safety or well-being with the noncustodial parent.

Additionally, parents can negotiate their own possession schedules that fit their individual needs, which the court will usually approve if it serves the child’s best interests.

For Parents That Live More than 100 Miles Apart

The way the court handles standard possession is different when the parents do not live near each other. If the distance between the two parents exceeds 100 miles, the courts consider the long travel times that the children are likely experiencing. In this situation, the non-custodial parent will have either the first, third, or fifth weekend every month. They also have the power to choose one additional weekend per month as long as they give two weeks’ notice. In these cases, the court will also generally award extended time with the noncustodial parent during summer and spring breaks.

Reach Out to Discuss Your Standard Possession Order Today

The standard possession order is the most common way for the courts to split access to a child shared by two co-parents. While this approach is common, it is not the only way that the law allows for visitation agreements.

The team at Barton & Associates Attorneys at Law, PLLC, will work tirelessly to help you protect your legal rights and your relationship with your children. In many cases, we can work out an agreement that is acceptable to all parties. Contact us today to get started and learn about your visitation options.