What is the Standard Possession Order?

The Standard Possession Order (SPO) is the default possession and access schedule prescribed by the Texas Family Code for parents who live within 100 miles of each other. Established under Sections 153.311 through 153.317, the SPO is designed to ensure that children maintain regular and meaningful contact with both parents. It is the starting point for most custody cases, though courts may modify it based on the specific needs of the child and family.

Under the SPO, the non-custodial parent — the parent who does not have the right to designate the child's primary residence — typically has possession on the first, third, and fifth weekends of each month from Friday evening to Sunday evening. The non-custodial parent also has possession every Thursday evening during the school year and receives extended time during summer, spring break, and alternating holidays including Thanksgiving and Christmas.

The SPO includes two variations: the standard terms and the expanded standard terms. Under the expanded terms, which are elected by many parents, weekends begin when school lets out on Friday rather than at 6:00 p.m., and Thursday overnight possession is included during the school year. The expanded schedule results in more time with the non-custodial parent and is often preferred when logistics permit.

For parents who live more than 100 miles apart, the Texas Family Code provides an alternative schedule that consolidates the non-custodial parent's time into longer but less frequent periods. Instead of first, third, and fifth weekends, the non-custodial parent receives one weekend per month and additional time during holidays and summer. This schedule recognizes the impracticality of frequent long-distance travel.

While the SPO provides a useful framework, it is not one-size-fits-all. Parents are free to agree on a different schedule that better suits their family's needs, and courts may deviate from the SPO when circumstances warrant. For young children, parents with non-traditional work schedules, or families with unique needs, a modified possession order may be more appropriate. The guiding principle remains the best interests of the child.