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The Texas Standard Possession Order (SPO) is the default visitation schedule courts use when parents cannot agree on custody arrangements. Under Texas Family Code Chapter 153, the SPO specifies the exact days and times a noncustodial parent can spend with their child, including weekends, holidays, and summer vacation.
Child visitation is often one of the most emotional issues in divorce and child custody cases. When parents cannot reach a mutual agreement, Texas law provides a structured framework designed to protect the child’s best interests while giving both parents meaningful time.
What Is a Texas Standard Possession Order?
A Texas Standard Possession Order is a court-issued schedule that outlines when the noncustodial parent has the right to possess their child. The SPO serves as the “default” schedule under Texas law when parents cannot agree on their own terms.
The order covers specific visitation times for weekends, Thursday evenings, spring break, summer vacation, and major holidays like Thanksgiving and Christmas. Parents can also choose an “election” schedule that offers different possession times based on how far apart they live. The three options are:
What Is an Expanded Standard Possession Order?
An Expanded Standard Possession Order (ESPO) gives the noncustodial parent more time with their child than the basic SPO. The expanded schedule includes more overnight visits, longer summer vacation periods, and possession times that align with school schedules rather than fixed clock times.
For example, under an ESPO, weekend visitation begins when school lets out on Friday and ends when school resumes on Monday. This eliminates the need for midday transfers and gives families more flexibility. Fathers and mothers alike benefit from this expanded schedule when circumstances allow.
What Is the 50-Mile Visitation Law in Texas?
Texas lawmakers passed Senate Bill 1936 in 2021, adding expanded visitation rights for noncustodial parents who live within 50 miles of the custodial parent. This law, sometimes called the “equal parenting” or “shared parenting bill,” allows the noncustodial parent to possess the child more than 40 percent of the time.
Before this bill, noncustodial parents typically had their children only 20 to 24 percent of the time. The legislature designed this change to give noncustodial parents more meaningful time with their children.
If you are considering your custody options, our family law attorneys can help you understand how these schedules apply to your situation. Call (817) 203-2220 for a free consultation.
Is the 50-Mile Possession Order Required?
No. The 50-mile expanded possession order is optional. If the expanded schedule does not work for the noncustodial parent’s circumstances, they can elect not to use it. In that case, the parents would follow the traditional Standard Possession Order that existed before the 2021 changes.
This flexibility recognizes that every family situation is different. Work schedules, travel requirements, and other factors may make the traditional schedule more practical for some families.
How Does the SPO Compare to the ESPO?
The table below shows the key differences between a Standard Possession Order and an Expanded Standard Possession Order for parents living 50 miles apart or less.
| Visitation Type | Standard Possession Order | Expanded Standard Possession Order |
|---|---|---|
| Weekends | 1st, 3rd, and 5th weekends from 6 p.m. Friday to 6 p.m. Sunday | 1st, 3rd, and 5th weekends from school dismissal Friday to school resumption Monday |
| Thursday Nights | 6 p.m. Thursday to 8 p.m. Thursday | School dismissal Thursday to school resumption Friday |
| Spring Break | Alternates yearly; 6 p.m. when school lets out to 6 p.m. before school resumes | Alternates yearly; school dismissal to 6 p.m. before school resumes |
| Thanksgiving | Alternates yearly; 6 p.m. when school lets out to 6 p.m. Sunday | Alternates yearly; school dismissal to 6 p.m. Sunday |
| Christmas (Even Years) | 6 p.m. when school dismisses to noon December 28 | School dismissal to noon December 28 |
| Christmas (Odd Years) | Noon December 28 to 6 p.m. day before school resumes | Noon December 28 to 6 p.m. day before school resumes |
| Mother’s Day | 6 p.m. Friday to 6 p.m. Mother’s Day | School dismissal Friday to school resumption Monday after Mother’s Day |
| Father’s Day | 6 p.m. Friday to 6 p.m. Father’s Day | 6 p.m. Friday to 8 a.m. Monday after Father’s Day |
| Monday Holidays | Drop-off at 6 p.m. Monday | Drop-off at 8 a.m. Tuesday |
Understanding these schedules can be confusing. If you need help planning your summer visitation or holiday arrangements, our attorneys can guide you through the process.
Can a Texas Court Modify a Possession Order?
Yes. Texas courts can modify the Standard Possession Order when circumstances warrant a change. The court always focuses on what serves the child’s best interests.
One common modification involves young children. Texas Family Code provisions, often called “tender years” provisions, apply to children under three years old. Courts typically order shorter visits for very young children, then gradually increase possession periods until the child is old enough for the full Standard Possession Order.
Other reasons courts may modify a possession order include relocation, changes in work schedules, safety concerns, or a child’s changing needs as they grow. Learn more about grounds for modifying child custody in Texas.
Frequently Asked Questions About Texas Standard Possession Orders
What happens if my ex violates the Standard Possession Order?
If your ex-spouse fails to follow the court-ordered possession schedule, you can file a motion for enforcement with the court. The court can hold the violating parent in contempt, which may result in fines or even jail time for repeated violations.
Can parents agree to a different schedule than the SPO?
Yes. Parents can create their own possession schedule if both agree. The court will typically approve a custom arrangement as long as it serves the child’s best interests. Many parents work with a mediator to reach these agreements.
Does the noncustodial parent have to follow the exact SPO schedule?
The SPO provides a minimum schedule, not a maximum. Parents are encouraged to be flexible and allow additional time when practical. However, the noncustodial parent is entitled to at least the time specified in the order.
How does the Standard Possession Order affect child support?
Possession time and child support are separate issues, but they can be related. The amount of time each parent has the child may factor into child support calculations. However, a parent cannot withhold visitation because the other parent is behind on support payments.
What if one parent moves more than 50 miles away?
If one parent relocates beyond 50 miles, the possession schedule changes. The noncustodial parent typically receives fewer but longer visitation periods to account for increased travel time. This may include extended time during spring break and summer vacation.
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Get Help with Your Custody or Visitation Issues
If you need help understanding your custody rights or creating a visitation schedule that works for your family, the attorneys at Varghese Summersett Family Law Group are here to help. Our team includes board-certified family law specialists who have helped thousands of Texas families resolve their custody disputes.
We understand how difficult these situations can be. Contact us today at (817) 203-2220 to schedule a free consultation. We will explain the Texas Standard Possession Order and work with you to find a parenting schedule that protects your relationship with your child.
