Breaking Down The Texas Standard Possession Order

In divorces involving children, a visitation schedule for each parent’s time with their children is included in the final decree of divorce. Some terms often used interchangeably are custody, possession and access, and visitation. Texas has what is called a Standard Possession Order (SPO) that serves as a guide in dividing parenting time, and it is ordered effective by judges when couples cannot agree on a visitation schedule. The following is a breakdown of the order.

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1. Standard times and possession schedule of noncustodial parent (parent with visitation)

  • Thursdays (6pm-8pm during the school year)
  • 1st, 3rd, and 5th weekend each month (6pm on Friday to 6pm on Sunday)
  • Alternating holidays with one parent getting the child or children in odd-numbered years and one parent getting the child or children in even-numbered years
  • 30 days out of the summer
  • Mother’s Day Weekend or Father’s Day Weekend, respective of who is the noncustodial parent

2. Designates where the exchange for the child or children will take place

  • Where will the child be picked up?
  • Where will the child be dropped off?
  • Who can pick up and drop off the child?

3. Standard for noncustodial parent when parents reside more than 100 miles apart

  • Weekend possession is the same or reduced to one month
  • No Thursday visitation
  • Alternating holidays with one parent getting the child or children in odd-numbered years and one parent getting the child or children in even-numbered years
  • 42 days during the summer
  • Every Spring Break
  • Mother’s Day Weekend or Father’s Day Weekend, respective of who is the noncustodial parent

4. Texas Standard Possession Order is not for a child or children under 3 years of age

  • Couples with a child or children under three can choose to follow the Texas Standard Possession Order, or they can agree to something different

5. Modified Possession Order is anything different from the Standard Possession Order

The Texas Standard Possession Order does work for some families, especially those with parents who work irregular work hours. Couples can agree on a schedule that will meet their needs.

6. An Expanded Standard Possession Order gives more time to the noncustodial parent

  • Earlier pickup time and later drop-off time (time school lets out to the time school resumes on Monday)
  • Overnight stay on Thursdays during the school year

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