If you’re getting a divorce in Texas and you have children, one of the most important questions you’ll face is this: When will I get to see my child? This is where a Standard Possession Order (SPO) comes in. It sets out a clear schedule for when each parent has the right to possession (time) and access (contact) with their child.
In this article, we’ll walk you through what a Standard Possession Order actually is, how it works under the Texas Family Code, and what you can expect based on your situation, whether you’re the custodial or non-custodial parent.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is a Standard Possession Order (SPO)?
A Standard Possession Order is the default visitation schedule used in Texas custody cases. It is part of the Texas Family Code, specifically Sections 153.3101 to 153.317. The SPO assumes both parents live within 100 miles of each other and sets specific times for visitation that are presumed to be in the best interest of the child.
Here’s how it typically works for the non-custodial parent (often called the possessory conservator):
- Weekends: First, third, and fifth weekend of each month from Friday at 6 p.m. to Sunday at 6 p.m.
- Thursdays during the school year: Every Thursday evening from 6 p.m. to 8 p.m.
- Holidays: Holidays are divided between the parents in alternating years (for example, Christmas and Thanksgiving).
- Summer: Extended summer visitation of 30 days, with notice provided by April 1 each year.
This schedule gives both parents predictable and structured time with the child.
Expanded Standard Possession Order
Many parents opt for the Expanded SPO, which allows for additional time, such as:
- Pick-up from school on Fridays and drop-off at school on Mondays
- Thursday visitation extended to overnight
- Longer holiday breaks and summer visits
The court usually grants this if both parents live close enough and the non-custodial parent can manage the additional responsibilities. The Expanded SPO is often preferred by divorce lawyers for men or divorce attorney for women seeking more involvement in their child’s life.
What If Parents Live More Than 100 Miles Apart?
The Texas Family Code also outlines an SPO for parents who live more than 100 miles apart:
- Weekends: One weekend per month
- Holidays: Remain divided in the same way
- Summer: Up to 42 days of summer visitation
These provisions are designed to reduce travel stress while still maintaining a consistent relationship between parent and child.
Can Parents Agree on a Different Schedule?
Yes. Courts encourage parents to agree on a custom possession schedule if it’s in the best interest of the child. This can be done during a contested divorce or with the help of a family divorce lawyer during mediation.
However, if no agreement is reached, the court will usually fall back on the Standard Possession Order.
What Does the Texas Family Code Say?
The Texas Family Code Section 153.252 starts by saying that the SPO is presumed to be in the best interest of children aged three and older. However, parents can request a different schedule if:
- There’s a history of family violence or abuse (Section 153.004)
- The child has special needs
- The non-custodial parent has been absent or unreliable
Section 153.253 gives courts the authority to adjust the SPO to protect the child’s well-being. Judges also consider the emotional and physical needs of the child, the parent’s ability to care for them, and the stability of the home environment.
Examples: How the SPO Works in Real Life
Example 1: Close Living Arrangement
Ashley and Daniel live in Fort Worth, just 10 miles apart. Daniel is the non-custodial parent. Under the Expanded SPO, Daniel picks the kids up from school on Friday and drops them back off Monday morning, plus has them Thursday overnights.
Example 2: Long-Distance Parents
Laura and James divorced, and James moved to Austin for work. Since they now live over 100 miles apart, James gets one weekend per month, plus 42 days during the summer. He uses some of that time to fly the kids over for an extended vacation.
Can a Possession Order Be Changed?
Yes. A parent can request a modification of the SPO if:
- There has been a material and substantial change in circumstances
- The current order no longer serves the child’s best interests
This is where a top divorce attorney or a Tarrant County family lawyer can help file a modification request and guide you through the court process.
How a Standard Possession Order Impacts Divorce Strategy
Whether you’re dealing with high net worth divorce, legal separation, or a case involving spousal support, your visitation rights will be considered separately from the asset side. But if your case involves military deployment, LGBTQ divorce, or paternity rights, your SPO may look very different.
These factors are important for both divorce attorneys in Fort Worth and family law attorneys in Texas to consider when crafting a full case strategy.
For example:
- A prenup may clarify asset division, but won’t dictate child custody.
- Spousal maintenance may be awarded in some cases, but again, visitation is a separate issue.
- If you’re filing for divorce without an attorney, you must still ensure you’re complying with the Texas Family Code rules on possession.
Protect Your Case from Day One – Talk to Turner Monahan PLLC
Trying to handle a custody schedule on your own can be overwhelming. From knowing which parent gets which holiday to making sure you’re not violating the order, it’s easy to make mistakes without clear guidance.
At Turner Monahan PLLC, we’ve been helping families in Fort Worth, Tarrant County, Dallas, and Cleburne since 1973. With over 1,000+ divorce and custody cases handled, we know how to build a strong case around what matters most, your child’s safety, happiness, and stability.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
