Understanding the Standard Possession Order: Your Guide to Visitation in Austin, Texas

When parents divorce or separate, one of the most important decisions they face is how to divide time with their children. In Texas, the default framework for visitation is the Standard Possession Order (SPO). For many families, the SPO provides a predictable, balanced schedule that ensures children maintain meaningful relationships with both parents. But the SPO is not one-size-fits-all—understanding its terms and knowing when and how to modify it is essential for any parent navigating a custody case.

At Barton & Associates, Attorneys at Law, we help families throughout Austin and Central Texas understand and navigate the Standard Possession Order. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to child custody matters. We understand that a possession schedule is not just a legal document—it is the blueprint for your relationship with your children.

Whether you are negotiating a possession schedule for the first time, seeking to modify an existing order, or simply want to understand your rights under the SPO, we provide the strategic guidance you need to protect your relationship with your children.

What Is the Standard Possession Order?

The Standard Possession Order (SPO) is the default possession schedule in Texas. It is designed to provide the non-primary parent with meaningful, consistent time with their children while maintaining stability and predictability for the children. The SPO is codified in the Texas Family Code and is the schedule that courts will order unless the parents agree to a different arrangement or the court finds that the SPO is not in the child’s best interest.

The Purpose of the SPO:

• Provide regular, predictable parenting time for the non-primary parent

• Minimize conflict by providing clear guidelines

• Ensure children maintain strong relationships with both parents

• Provide stability and consistency for children

When the SPO Applies:

The SPO applies when:

• Parents have joint managing conservatorship (the most common arrangement)

• One parent is designated as the primary parent (with the right to determine the child’s residence)

• The other parent is designated as the non-primary parent

For families in Austin, the SPO provides a familiar framework that most courts and parents understand.

What Is the Standard Possession Order for Parents Living Close Together?

For parents who live within 100 miles of each other, the Standard Possession Order provides a schedule that balances regular contact with the stability of a primary home.

Regular Weekend Possession:

The non-primary parent has possession of the child on the first, third, and fifth weekends of each month. Weekend possession begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on Sunday.

Thursday Evening Possession:

During the school year, the non-primary parent has possession of the child on Thursday evenings from 6:00 p.m. to 8:00 p.m. (in many counties). This midweek visit provides additional contact and allows the parent to be involved in school activities.

Summer Possession:

The non-primary parent has possession of the child for 30 days during the summer. The parent must give written notice of the specific dates by April 1 of each year. If no notice is given, the summer possession is July 1-31.

Holiday Possession:

Holidays are alternated between parents. The SPO includes specific provisions for:

• Thanksgiving (even-numbered years with one parent, odd-numbered with the other)

• Christmas (split, with one parent having the first half of the school break and the other the second half)

• Spring Break (alternating years)

• Mother’s Day and Father’s Day (with the respective parent)

Spring Break:

Spring Break is alternated between parents. In even-numbered years, one parent has Spring Break; in odd-numbered years, the other parent has Spring Break.

For families in Austin, the SPO for parents living close together provides a consistent, predictable schedule.

How Does the Standard Possession Order Work for Long-Distance Parents?

When parents live more than 100 miles apart, the Standard Possession Order is modified to accommodate the distance. The goal remains the same—meaningful contact with the non-primary parent—but the schedule is adjusted to reduce travel burdens.

Weekend Possession:

For long-distance parents, the weekend possession may be extended. Instead of Friday at 6:00 p.m. to Sunday at 6:00 p.m., the parent may have possession from the time school lets out on Friday until the time school resumes on Monday (or 6:00 p.m. Sunday to 8:00 a.m. Monday).

Summer Possession:

For long-distance parents, summer possession is extended to 42 days (rather than 30 days). The parent must give notice of the specific dates by April 1.

Holiday Possession:

Holiday possession is similar to the standard schedule, but with extended periods to account for travel. Thanksgiving and Christmas breaks are often extended to provide more time together.

Transportation:

The SPO for long-distance parents may address transportation responsibilities. Typically, the parent exercising possession is responsible for transportation, though parents may agree to share travel costs.

School Breaks:

Long-distance parents may have additional possession during school breaks, including fall break, winter break, and spring break.

For families in Austin with one parent living out of state or in another Texas city, the long-distance SPO provides a framework for maintaining the parent-child relationship.

Extended Standard Possession Order

Many parents seek an Extended Standard Possession Order (ESPO) to increase the non-primary parent’s time with the child. The ESPO is available to parents who live within 100 miles of each other and provides additional visitation beyond the standard schedule.

What the ESPO Adds:

• Extended Weekends: Instead of Friday 6:00 p.m. to Sunday 6:00 p.m., the weekend possession begins when school lets out on Friday and ends when school resumes on Monday (or 8:00 a.m. Monday).

• Additional Thursday Possession: Some ESPOs include Thursday overnight visitation (from school release until Friday school start).

• Extended Summer: Some ESPOs provide for extended summer visitation beyond the standard 30 days.

How to Obtain an ESPO:

The ESPO is available as a default in many counties. In some cases, the parent must request it. If the other parent objects, the court must determine whether the ESPO is in the child’s best interest.

Benefits of the ESPO:

• More quality time between the non-primary parent and child

• Reduced transitions (extended weekends mean fewer pick-ups and drop-offs)

• Greater involvement in school and extracurricular activities

For families in Austin, the ESPO is a popular option for parents who want more time with their children.

Can You Change the Standard Possession Order in Texas?

Yes. The Standard Possession Order is a default, not a requirement. Parents can agree to a different possession schedule, or the court can order a different schedule if the SPO is not in the child’s best interest.

Agreed Possession Schedules:

Parents can agree to any possession schedule that works for their family. Common alternatives include:

• 50/50 possession (equal time with each parent)

• 60/40 possession (one parent has slightly more time)

• Custom schedules that accommodate work schedules or school activities

Court-Ordered Variations:

If parents cannot agree, the court may order a schedule different from the SPO if:

• The SPO is not in the child’s best interest

• The SPO is not feasible given the parents’ work schedules or other circumstances

• There are safety concerns or other special circumstances

Modifying an Existing SPO:

If you have an existing SPO and want to change it, you must file a motion to modify. To modify a possession schedule, you must show:

• A material and substantial change in circumstances; and

• The modification is in the child’s best interest

For families in Austin, the SPO is a starting point—not a mandate. Parents have significant flexibility to create a schedule that works for their family.

Holiday Schedules Under the SPO

The holiday schedule is one of the most important—and often most contentious—parts of any possession order. The SPO provides a detailed holiday schedule designed to ensure that children spend time with both parents during special occasions.

Thanksgiving:

In even-numbered years, one parent has Thanksgiving possession from the time school lets out for the holiday until 6:00 p.m. on the Sunday following Thanksgiving. In odd-numbered years, the other parent has Thanksgiving possession.

Christmas:

The Christmas schedule is split. One parent has possession from the time school lets out until noon on December 26 (or December 28 in some schedules). The other parent has possession from noon on December 26 until the time school resumes after the holiday.

Spring Break:

Spring Break is alternated. In even-numbered years, one parent has Spring Break; in odd-numbered years, the other parent has Spring Break.

Mother’s Day and Father’s Day:

Regardless of the regular schedule, the child spends Mother’s Day with the mother and Father’s Day with the father.

Other Holidays:

The SPO may also address other holidays, including Labor Day, Memorial Day, and the Fourth of July, depending on the specific order.

For families in Austin, understanding the holiday schedule is essential to planning family celebrations and avoiding conflict.

What Is the Difference Between the SPO and 50/50 Custody?

The Standard Possession Order and 50/50 custody (equal possession) are very different arrangements.

Standard Possession Order:

• The non-primary parent has approximately 30 percent of the total parenting time

• The schedule includes weekends, Thursday evenings, and summer

• One parent is designated as the primary parent with the right to determine the child’s residence

50/50 Custody (Equal Possession):

• Each parent has approximately equal time with the child (often a 2-2-3 or week-on/week-off schedule)

• Both parents share decision-making authority

• The child has two primary homes

Which Is Better?

There is no single answer—the best arrangement depends on the family’s circumstances. Factors to consider include:

• The parents’ work schedules

• The child’s age and needs

• The distance between parents’ homes

• The parents’ ability to communicate and cooperate

For families in Austin, the choice between SPO and equal possession is one of the most important decisions in a custody case.

Frequently Asked Questions About the Standard Possession Order in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about the Standard Possession Order. Here are the answers to the most common inquiries we receive.

Does the Standard Possession Order apply automatically?

No. The SPO is the default if parents do not agree to a different schedule. However, parents can agree to any schedule that works for their family. The court will approve the agreement if it is in the child’s best interest.

Can I get more time than the SPO provides?

Yes. Parents can agree to an Extended Standard Possession Order or to a completely different schedule. If the parents cannot agree, the court may order more time if it is in the child’s best interest.

What if I live more than 100 miles from my child?

The long-distance SPO applies. Under the long-distance schedule, you have extended summer possession (42 days) and your weekend and holiday visitation may be adjusted to account for travel.

How does the SPO handle school holidays?

The SPO includes specific provisions for Thanksgiving, Christmas, Spring Break, and other holidays. The holiday schedule takes priority over the regular weekend schedule.

Can the SPO be modified?

Yes. If circumstances change, you can file a motion to modify the possession schedule. Common reasons for modification include relocation, change in work schedule, or the child’s changing needs.

What if the other parent is not following the SPO?

If the other parent is violating the possession order—for example, by denying you your court-ordered weekend—you can file a motion to enforce. Enforcement remedies include contempt, make-up visitation, and attorney’s fees.

How does the SPO work for children in different school districts?

The SPO is based on the school district where the child is enrolled. If parents live in different school districts, the schedule is still based on the child’s school calendar. The parent with the right to determine the child’s residence chooses the school district.

Why Barton & Associates for Standard Possession Order Matters in Austin

The Standard Possession Order is the foundation of most custody arrangements in Texas. Understanding your rights and options under the SPO is essential to protecting your relationship with your children. The attorneys at Barton & Associates bring decades of experience to child custody matters, helping parents understand the SPO, negotiate alternative schedules, and enforce their rights.

We are deeply rooted in the Austin legal community. We have handled child custody cases in Travis County family courts for decades and understand how local courts approach possession schedules. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your relationship with your children, your work schedule, and your goals. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward a Possession Schedule That Works for Your Family

Whether you are negotiating a possession schedule for the first time, seeking to modify an existing order, or enforcing your rights under the SPO, experienced legal guidance is essential. At Barton & Associates, we are here to help you protect your relationship with your children.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced family law attorney about the Standard Possession Order. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you create a possession schedule that works for your family.

Main Category: Family Law Austin
Practice Area Category: Child Custody
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)