Standard Possession Order in Corpus Christi: Understanding Your Visitation Rights in Texas

When parents separate or divorce, few questions are as pressing as when they will see their children. The schedule that governs a parent’s time with their child is known as the possession schedule, and in Texas, the default schedule is called the Standard Possession Order. For parents throughout Corpus Christi and the Coastal Bend, understanding the Standard Possession Order is essential for knowing their rights, planning their lives, and protecting their relationship with their children.

At Barton & Associates, Attorneys at Law, we help parents navigate the complexities of possession schedules. Whether you are the non-primary parent seeking to maximize your time with your child, the primary parent seeking to understand the other parent’s rights, or a parent seeking to modify an existing possession schedule, we provide the knowledgeable representation you need. With extensive experience in the Nueces County family district courts—including the 148th, 214th, 347th, and 319th District Courts—we help our clients establish possession schedules that serve their children’s best interests while protecting their parental rights.

What Is a Standard Possession Order?

A Standard Possession Order (SPO) is the default visitation schedule established by the Texas Family Code. It is designed to provide the non-primary parent with regular, predictable time with their child while ensuring stability and consistency for the child. The SPO applies when parents have Joint Managing Conservatorship and the court does not order a different schedule.

The Standard Possession Order is not mandatory. Parents can agree to a different schedule, and the court can order expanded possession or a customized schedule based on the specific circumstances of the case. However, understanding the SPO is essential because it serves as the baseline—the schedule that applies if the parents cannot agree on something else.

The SPO is designed to be flexible based on the distance between the parents’ residences. Different provisions apply depending on whether the parents live within 100 miles of each other or more than 100 miles apart.

Standard Possession Order: Within 100 Miles

When the non-primary parent lives within 100 miles of the child’s primary residence, the Standard Possession Order provides a detailed schedule that includes:

Weekend Possession

The non-primary parent has possession of the child on weekends throughout the year. The schedule is based on a rotating pattern:

• First, third, and fifth weekends: The non-primary parent has possession on the first, third, and fifth weekends of each month. Weekends are defined as beginning at 6:00 PM on Friday and ending at 6:00 PM on Sunday.

This schedule ensures that the non-primary parent has regular weekend time with the child while allowing the primary parent to have the child on the second and fourth weekends of each month.

Thursday Possession During the School Year

In addition to weekend possession, the non-primary parent has possession of the child on Thursday evenings during the school year. The Thursday possession begins at 6:00 PM and ends at 8:00 PM. This midweek visit provides an opportunity for the non-primary parent to maintain regular contact with the child during the school week.

For many parents, this midweek visit is a valuable opportunity to stay involved in the child’s daily life, attend school events, and maintain a consistent presence.

Extended Summer Possession

During the summer, the non-primary parent is entitled to extended possession of the child. Under the SPO, the non-primary parent has possession for 30 days during the summer. The parent must designate the period of extended possession by April 1 of each year. If the parent fails to designate a period, the default period is July 1 through July 31.

The extended summer possession provides the non-primary parent with a substantial block of uninterrupted time with the child, allowing for vacations, summer activities, and quality bonding time.

Holiday and Special Occasion Possession

The Standard Possession Order includes a detailed schedule for holidays and special occasions. These provisions ensure that both parents have the opportunity to share important family times with the child.

Thanksgiving: In even-numbered years, the non-primary parent has possession from 6:00 PM on the day school is dismissed for Thanksgiving until 6:00 PM on the following Sunday. In odd-numbered years, the primary parent has possession during that period.

Christmas: The Christmas schedule is divided into two periods. In even-numbered years, the non-primary parent has possession from 6:00 PM on the day school is dismissed for Christmas until noon on December 27. The primary parent has possession from noon on December 27 until 6:00 PM on the day school resumes after Christmas. In odd-numbered years, the schedule is reversed.

Spring Break: In even-numbered years, the non-primary parent has possession during spring break. In odd-numbered years, the primary parent has possession.

Mother’s Day and Father’s Day: The parent whose day is being celebrated has possession from 6:00 PM on the Friday before the holiday until 6:00 PM on the holiday itself. These provisions apply regardless of the regular weekend schedule.

Child’s Birthday: The parent who does not have possession on the child’s birthday is entitled to possession from 6:00 PM to 8:00 PM on that day.

Standard Possession Order: More Than 100 Miles

When the non-primary parent lives more than 100 miles from the child’s primary residence, the Standard Possession Order provides an alternative schedule that accommodates the greater distance. This schedule recognizes that frequent, short visits are impractical when parents live far apart.

Under the distance schedule, the non-primary parent is entitled to:

Weekend Possession

Rather than the first, third, and fifth weekends schedule, the non-primary parent is entitled to possession on weekends as agreed by the parties or, if no agreement, on one weekend per month. The parent must designate which weekend by April 1 of each year.

Extended Summer Possession

The non-primary parent is entitled to 42 days of extended summer possession under the distance schedule—significantly more than the 30 days provided under the within-100-miles schedule. This allows for a longer, more meaningful summer visit.

Holiday and Spring Break Possession

The distance schedule provides for spring break possession in even-numbered years for the non-primary parent. The Thanksgiving and Christmas schedules are similar to the within-100-miles schedule but with adjustments to account for travel time.

Midweek Possession

Unlike the within-100-miles schedule, the distance schedule does not include Thursday evening possession, recognizing that such brief visits are not feasible for parents who live far apart.

Expanded Standard Possession Order

Many parents seek an Expanded Standard Possession Order, which provides additional time with the child beyond the standard schedule. The expanded schedule is available to any parent who lives within 100 miles of the child’s primary residence and is entitled to the standard possession order.

Under the expanded schedule, the non-primary parent has:

• Weekend possession: The first, third, and fifth weekends (the same as the standard schedule)

• Thursday overnight possession: Instead of a two-hour Thursday evening visit, the expanded schedule provides for Thursday overnight possession. The parent picks up the child at 6:00 PM on Thursday and returns the child to school on Friday morning.

• Extended summer possession: 30 days of summer possession (the same as the standard schedule)

The expanded schedule also includes more generous holiday provisions, including additional time for Thanksgiving, Christmas, and spring break.

For many parents, the expanded schedule is a significant improvement over the standard schedule. The Thursday overnight provides a full night with the child rather than a brief evening visit, allowing for more meaningful time together.

Modifying a Standard Possession Order

A Standard Possession Order is not necessarily permanent. If circumstances change, either parent may seek to modify the possession schedule. Under Texas law, a possession order can be modified if there has been a material and substantial change in circumstances and the modification would be in the child’s best interest.

Common grounds for modifying a possession schedule include:

• Relocation: One parent moves to a different city or state, making the existing schedule impractical

• Changes in the child’s needs: The child’s age, school schedule, or extracurricular activities may warrant a different schedule

• Changes in a parent’s work schedule: A parent’s employment may change, affecting their availability for possession

• A parent’s misconduct: Evidence of abuse, neglect, or interference with possession may justify a modification

• The child’s preference: If the child is 12 or older, the court may consider their preference

If you are seeking to modify a possession order, or if the other parent is seeking to modify an order that is working well for your child, experienced legal representation is essential.

Possession and Child Support: They Are Separate

One of the most important principles in Texas family law is that child support and possession are separate issues. A parent’s obligation to pay child support is independent of their right to possession of the child. A parent cannot withhold visitation because the other parent is behind on child support. Conversely, a parent cannot withhold child support because they are being denied visitation.

If you are being denied possession to which you are entitled, the appropriate remedy is to file a motion to enforce your visitation rights. If you are not receiving child support, the appropriate remedy is to seek enforcement of the support order. Combining these issues can lead to legal complications and may result in sanctions from the court.

Enforcing Possession Orders in Nueces County

When a parent violates a possession order—for example, by refusing to return the child at the scheduled time or by interfering with the other parent’s visitation—the aggrieved parent can seek enforcement through the court. The court has a range of tools to enforce possession orders, including:

• Make-up visitation: The court can order additional visitation to compensate for the time the parent was denied

• Contempt: The court can hold the violating parent in contempt, resulting in fines, attorney’s fees, and potentially jail time

• Modification: In extreme cases, the court may modify the possession schedule or even change custody

• Security bond: The court may require the violating parent to post a bond to ensure future compliance

If you are experiencing interference with your court-ordered possession, it is important to act promptly. Our attorneys can help you file a motion to enforce and pursue the remedies available to you.

Possession and Geographic Restrictions

Many child custody orders include a geographic restriction that limits where the primary parent can live with the child. In Corpus Christi, geographic restrictions often limit the child’s residence to Nueces County or the surrounding counties of San Patricio, Kleberg, Aransas, or Jim Wells.

If a geographic restriction is in place and the primary parent wishes to move outside the restricted area, they must seek permission from the court. The court will consider whether the move is in the child’s best interest and whether the non-primary parent’s possession rights can be preserved.

If the primary parent moves without court permission, the non-primary parent may seek enforcement of the geographic restriction and may even seek a change in custody. If you are considering a move, it is essential to address the geographic restriction before relocating.

Frequently Asked Questions About Standard Possession Orders

What is a Standard Possession Order in Texas?

A Standard Possession Order is the default visitation schedule established by the Texas Family Code. It provides the non-primary parent with regular weekend visitation, Thursday evening visitation during the school year, 30 days of summer visitation, and alternating holidays.

How does the Standard Possession Order differ if parents live more than 100 miles apart?

If the non-primary parent lives more than 100 miles from the child’s primary residence, the Standard Possession Order provides for one weekend per month rather than three weekends per month, 42 days of summer visitation rather than 30 days, and no Thursday evening visitation. The holiday schedule is also adjusted to account for travel time.

Can I get more visitation than the Standard Possession Order?

Yes. Parents can agree to a different schedule, and the court can order an Expanded Standard Possession Order, which provides for Thursday overnight visitation instead of a two-hour Thursday evening visit. In some cases, parents may agree to even more generous schedules, such as week-on, week-off arrangements.

Can the Standard Possession Order be modified?

Yes. If there has been a material and substantial change in circumstances, either parent can seek to modify the possession schedule. Common grounds for modification include relocation, changes in the child’s needs, or changes in a parent’s work schedule.

What happens if the other parent does not follow the Standard Possession Order?

If the other parent violates the possession order—for example, by refusing to return the child at the scheduled time—you can file a motion to enforce with the court. The court can order make-up visitation, hold the violating parent in contempt, and award attorney’s fees.

Does the Standard Possession Order apply if the parents were never married?

Yes. The Standard Possession Order applies to all cases involving children, regardless of whether the parents were married. If paternity has been established and the court has entered a custody order, the possession schedule will be governed by the same rules.

How are holidays handled under the Standard Possession Order?

The Standard Possession Order provides detailed provisions for Thanksgiving, Christmas, spring break, Mother’s Day, Father’s Day, and the child’s birthday. These provisions generally alternate between parents on an annual basis.

What is the difference between Standard Possession and Expanded Standard Possession?

Standard Possession provides for Thursday evening visitation from 6:00 PM to 8:00 PM. Expanded Standard Possession provides for Thursday overnight visitation, meaning the parent picks up the child at 6:00 PM on Thursday and returns the child to school on Friday morning.

Can grandparents get visitation under the Standard Possession Order?

The Standard Possession Order applies to parents, not grandparents. Grandparents seeking visitation must file a separate suit and meet the legal standards for grandparent visitation, which are more stringent than the standards for parents.

How does the child’s school schedule affect the Standard Possession Order?

The Standard Possession Order is designed around the child’s school schedule. Weekend possession begins at 6:00 PM on Friday, allowing the child to attend school on Friday. Thursday evening possession allows for a midweek visit without interfering with school. Summer possession occurs during the summer break.

Why Barton & Associates Is the Right Choice for Your Possession Case

A Standard Possession Order governs one of the most important aspects of your life: the time you spend with your child. Whether you are seeking to establish a possession schedule for the first time, seeking expanded possession, or dealing with a parent who is interfering with your court-ordered time, having experienced legal representation is essential.

At Barton & Associates, Attorneys at Law, we have extensive experience with possession schedules in the Nueces County family district courts. We understand the Standard Possession Order inside and out—its provisions, its nuances, and the strategies for maximizing your parenting time. Whether your case involves a within-100-miles schedule, a distance schedule, or a customized arrangement, we provide the knowledgeable representation you need.

We also understand that every family is unique. The Standard Possession Order is a starting point, not a requirement. If a different schedule would better serve your child’s needs and your family’s circumstances, we can help you negotiate an alternative or seek a court order for a customized schedule.

Protect Your Time with Your Child Today

Your relationship with your child is irreplaceable. The time you spend together shapes that relationship and creates memories that will last a lifetime. If you have questions about the Standard Possession Order, if you are seeking to establish or modify a possession schedule, or if you are experiencing interference with your court-ordered visitation, do not wait to seek legal representation.

Contact the experienced family law attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you understand your rights and protect your precious time with your child.

Main Category: Family Law Corpus Christi
Practice Area Category: Child Custody
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780