Understanding Standard Possession Orders in Texas Child Custody Cases
In cases of divorce or otherwise, child custody is among the most important matters in family law. Custody and visitation arrangements can significantly impact the lives of children, parents, and everyone involved.
What’s a Standard Possession Order?
In Texas, the law assumes that the “Standard Possession Order” (SPO) is in the best interests of children aged three or older. The SPO allows parents to have possession of their child at any time they are both in agreement.
When parents aren’t in agreement, the non-custodial parent has the right to possess the child during the times set out in Texas Family Code 153.3171, depending on the distance between the parents’ residences.
Distance Between Parents
- Within 50 miles:
- Weekends: 1st, 3rd, & 5th Fridays each month
- Thursday evenings during the school term
- Alternating holidays
- Extended period of 30 days during summer vacations
- 51-100 miles:
- Weekends: 1st, 3rd, & 5th Fridays each month
- Thursday evenings during the school year
- Alternating holidays
- Extended period of 30 days during summer vacation
- More than 100 miles:
- Weekend visits may be limited to one weekend per month
- No mid-week visit
- Holidays remain the same
- Extended summer vacation: 42 days, including spring break
Why is a Standard Possession Order Used?
Courts decide custody to determine where children are expected to reside and may also need to address visitation. The SPO provides a default schedule for access and possession when parents cannot agree.
Standard Visitation for Children Older than 3
The SPO for children older than three gives one parent custody while the other has regular visitation rights. Non-custodial parents can visit during predetermined times, including:
- 6:00 pm on alternate Fridays through 6:00 pm on Sunday
- Thursday visits from 6:00 pm to 8:00 pm during the school term
Standard Possession Orders for Summers and Holidays
The SPO also outlines access during holidays and summer vacations:
- Major Holidays: Christmas and Thanksgiving are alternated yearly between parents.
- Special Holidays: Holidays like Father’s Day or Mother’s Day, as well as religious or cultural holidays, are accounted for.
- July Vacation: Non-custodial parents may designate up to 30 days of possession, typically requiring notice by April 1st or April 15th.
- Birthdays: Non-custodial parents are allowed two hours with their child (6:00 pm to 8:00 pm).
Standard Visits for Children Younger than 3
For infants or children with no older siblings, Texas courts consider factors such as:
- Transfer logistics for school-aged siblings
- Parents’ availability for visitation
- Emotional, mental, and physical health of the parents
- Potential distress to the child during extended separation
Expanded Possession Order (E-SPO)
Effective September 1, 2021, the expanded possession order allows non-custodial parents living less than 50 miles apart to have extended time with children, starting Thursday after school until Monday morning, in addition to regular weekend visits.
Summary: Standard Possession Orders
The SPO determines visitation rights and custody schedules, providing a legally binding “default” arrangement. Children typically spend the 1st, 3rd, and 5th weekends with the non-custodial parent and one weekday evening during the school year.
Texas Standard Possession Expanded Order
The E-SPO gives additional overnight visits on Thursdays without requiring handover to the custodial parent until Monday, extending the non-custodial parent’s time with the child.
Custom-made Orders
While SPOs and E-SPOs are defaults, parents can create customized visitation orders to accommodate work schedules, distances between parents, and children’s needs.
