Understanding Texas Standard Possession Orders: A Guide for Parents

Navigating Co-Parenting with a Standard Possession Order

For parents navigating a divorce or separation in Texas, establishing a clear, consistent schedule for time with their children is one of the most critical and emotionally challenging tasks. The Texas Family Code provides a default framework known as the Standard Possession Order (SPO). While designed to offer predictability, understanding its specific terms, schedules, and your options is essential for protecting your relationship with your child. At Barton & Associates, Attorneys at Law, our experienced San Antonio family law attorneys provide compassionate and strategic guidance on Standard Possession Orders. We help parents understand their rights, negotiate workable schedules, and advocate for modifications when the standard order does not serve their family’s unique needs.

The SPO is not a one-size-fits-all mandate, but rather a presumptive starting point that Texas courts use when parents cannot agree on a custom schedule. It outlines detailed possession times for the parent who does not have the right to designate the child’s primary residence (often called the “non-custodial” or “non-primary” parent). While the SPO aims for fairness, its rigid calendar can create logistical challenges and may not align with what is truly in your child’s best interest. Our role is to ensure you fully comprehend the order’s intricacies, from holiday rotations to extended summer possession, and to help you pursue a parenting plan that fosters a healthy, stable, and loving relationship between you and your child.

The Core Structure of the Texas Standard Possession Order

The SPO establishes a baseline schedule that assumes the non-primary parent lives within 50 miles of the child’s primary residence. Its framework is built around weekends, holidays, and extended summer time.

Regular Weekend Possession:

The non-primary parent typically has the right to possession of the child:

• On the 1st, 3rd, and 5th weekends of each month, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday.
• On Thursdays during the school year from 6:00 p.m. to 8:00 p.m., unless the court finds this is not in the child’s best interest or would interfere with the child’s school activities.

The Expanded Possession Option (The “Election”):

A critical feature of the SPO is the “Election for Expanded Possession.” If the non-primary parent elects this option in writing—and provides proper notice to the primary parent—the weekend possession periods change:

• Weekends begin at 6:00 p.m. on Thursday (instead of Friday) and still end at 6:00 p.m. on Sunday. This election significantly increases overnight visits and is a powerful right under the standard order. Understanding how to properly exercise this election is crucial.

Holiday and Special Occasion Schedules:

The SPO contains a detailed, alternating holiday schedule designed to ensure both parents have meaningful time with their child during important times of the year. This schedule typically overrides the regular weekend and Thursday visits.

Key holidays under the SPO include:

• Spring Break: The non-primary parent has possession in even-numbered years, and the primary parent in odd-numbered years.
• Summer Possession: The non-primary parent has the right to 30 days of possession in the summer, which can be taken in one continuous period or in two separate periods of at least seven days each. Specific notice requirements apply.
• Thanksgiving: The non-primary parent has possession in odd-numbered years.
• Winter Break (Christmas): The holidays are divided. Often, one parent has possession from December 26th at noon until the day school resumes after the new year, alternating annually. Christmas Day itself is often split or alternated.
• Child’s Birthday and Father’s/Mother’s Day: The SPO typically grants each parent time with the child on their respective parent’s day and on the child’s birthday, regardless of the regular schedule.

When Parents Live More Than 50 Miles Apart

The SPO adjusts significantly if the non-primary parent resides more than 50 miles from the child’s primary residence. The intent is to acknowledge the impracticality of shorter, more frequent visits over long distances.

Key changes for long-distance possession include:

• Weekend Visits: The non-primary parent’s weekend possession is generally limited to one weekend per month (often the 1st, 3rd, or 5th, as chosen by the parent), beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Sunday.
• Elimination of Thursday Visits: The Thursday evening possession period does not apply.
• Extended Summer and Holiday Time: To compensate for less frequent contact, the long-distance SPO often provides for more extended periods during holidays and summer breaks. For instance, summer possession may be extended to 42 days.

The “Best Interest of the Child” Standard and Modifying the SPO

It is vital to remember that the SPO is a default, not an immutable law. Texas courts are ultimately governed by the “best interest of the child” standard found in the Texas Family Code. If the rigid application of the SPO would not serve your child’s best interest, the court can and should deviate from it.

Common reasons to seek a Modified Possession Order include:

• The child’s age, special needs, or school and extracurricular activity schedules make the standard times impractical.
• The work schedules of the parents (e.g., shift work, military deployment) conflict with SPO periods.
• The distance between homes, even if slightly less than 50 miles, makes Thursday visits excessively burdensome.
• A need for greater flexibility to foster a stronger parent-child relationship.

Parents can also agree to a customized possession schedule—often called a “Modified Standard Possession Order”—that better fits their lives. This agreed order, once signed by the judge, becomes just as enforceable as the standard order. We strongly encourage parents to work toward a collaborative, customized plan that prioritizes their child’s stability and minimizes conflict.

The Barton & Associates Approach: Your Advocate for a Workable Parenting Plan

At Barton & Associates, we believe that knowledge and preparation are the keys to a successful co-parenting arrangement. Our approach is tailored to each family’s dynamics.

1. Comprehensive Education and Strategy Session

We begin by thoroughly explaining the SPO in clear, practical terms. We map out what the calendar would look like for your family, highlight key decision points (like the Expanded Possession election), and discuss the pros and cons of adhering to the standard schedule versus seeking a modification.

2. Skillful Negotiation and Mediation

We are skilled negotiators who advocate for your parental rights while keeping the child’s well-being at the forefront. We help you develop a realistic, proposed schedule and work diligently with the other parent or their attorney to reach an agreement, often through mediation. Our goal is to avoid the expense and stress of a contested trial whenever possible.

3. Aggressive Litigation for Customized Orders

If an agreement cannot be reached, we are prepared to litigate for a Modified Possession Order. We present evidence to the court demonstrating why a deviation from the SPO is necessary and in your child’s best interest, whether due to logistical challenges, the child’s needs, or other compelling circumstances.

4. Guidance on Enforcement and Future Modifications

Once an order is in place, we ensure you understand all its terms and your rights to enforce it. We also counsel clients on the process for future modifications, should a material and substantial change in circumstances occur.

Why Choosing Experienced Counsel Matters for Your Possession Order

The details matter. Misunderstanding pick-up and drop-off times, holiday rotations, or notice requirements can lead to conflict, missed visitation, and enforcement problems. An experienced attorney helps you:

• Avoid Costly Mistakes: Ensure your proposed or court-ordered schedule is precise and leaves no room for misinterpretation.
• Protect Your Time: Assert your rights to expanded possession, summer periods, and holidays as provided by law or your order.
• Focus on Your Child: Reduce conflict by having a clear, legally sound plan, allowing you to focus on being a parent during your possession time.

Take the Next Step Toward a Stable Schedule for Your Child

Establishing a predictable, fair possession schedule is foundational to your child’s adjustment and your ongoing parental relationship. Whether you are seeking to understand the Standard Possession Order, negotiate a better schedule, or modify an existing order, we are here to help.

Contact Barton & Associates today for a confidential consultation with a dedicated San Antonio child custody attorney. Call our office at 210-500-0000 to discuss your situation and learn how we can help you secure a parenting plan that works for your family. Let us provide the guidance and advocacy you need to move forward with confidence.

Main Category: Family Law
Practice Area Category: Child Custody
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000