Standard Possession Order Texas: Schedule, Times, and What to Expect
Standard Possession Order Texas: Schedule, Times, and What to Expect
You just got handed a custody order — or you're about to negotiate one — and the phrase "Standard Possession Order" keeps showing up. In Texas, this isn't a suggestion. It's a statutory schedule baked into the Family Code that courts treat as the presumptive minimum for non-primary parents. Here's exactly how it works and why the 2021 expansion changes everything.
What the Standard Possession Order Actually Says
The SPO is the default parenting-time schedule in Texas Family Code Chapter 153, Subchapter F. It gives the non-primary parent (called the "possessory conservator" in Texas terminology) a set rotation of weekends, one weeknight, holidays, and summer time.
Weekends: First, third, and fifth weekends of each month. Under the traditional SPO, pickup is Friday at 6:00 p.m. and return is Sunday at 6:00 p.m.
Weeknight: Every Thursday evening, 6:00 p.m. to 8:00 p.m. during the school year (no overnight).
Holidays: Alternating Thanksgiving, Christmas (split into two periods), and spring break on a rotating yearly cycle.
Summer: The non-primary parent gets 30 days, which default to July 1–31 if no written notice is filed by April 1.
For parents who live more than 100 miles apart, the schedule shifts to longer blocks — one weekend per month (with 14 days' notice) and 42 days of summer instead of 30.
The Expanded SPO: Texas's New Default Since 2021
Here's what catches parents off guard: for any case filed on or after September 1, 2021, the Expanded Standard Possession Order is now the automatic default when parents live within 50 miles of each other.
The key difference is timing anchors. Instead of arbitrary evening pickup and dropoff times, the expanded order uses school schedules:
- Weekend pickup: Friday at school dismissal (not 6:00 p.m.)
- Weekend return: Monday at school resumption (not Sunday at 6:00 p.m.)
- Thursday overnight: Pickup at school dismissal Thursday, return at school resumption Friday
This shift from clock-based to school-based transitions increases the non-primary parent's time from roughly 35% of the year to approximately 45%. That's a meaningful difference — about 36 additional overnights annually.
A parent can opt out of the expanded schedule in writing, and a court can override it if safety concerns under Section 153.004 (family violence, abuse, or neglect) apply. But absent those circumstances, expanded is the starting point.
How the SPO Breaks Down by Distance
| Distance | Weekend Format | Weeknight | Summer Days |
|---|---|---|---|
| Under 50 miles | Expanded (school-to-school) is default | Thursday overnight | 30 days |
| 51–100 miles | Friday 6 p.m. to Sunday 6 p.m. | Thursday 6–8 p.m. (no overnight) | 30 days |
| Over 100 miles | One weekend/month or 1st/3rd/5th choice | None | 42 days |
The 100-mile threshold also gives the non-primary parent every spring break automatically, which doesn't happen in the shorter-distance versions.
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What the SPO Doesn't Cover
The Standard Possession Order sets a floor, not a ceiling. It doesn't address:
- Decision-making authority — that's governed by the conservatorship designation (joint managing vs. sole managing)
- Geographic restrictions — the court order may limit where the primary parent can move with the child
- Right of first refusal — whether you get first call before the other parent uses a babysitter
- Communication rules — phone and video call schedules between the child and the non-possessing parent
These provisions go into the broader parenting plan, which is a separate document (or section of the final order) from the possession schedule itself.
Practical Tips for Living Under the SPO
Track the calendar carefully. The "first, third, and fifth" weekend rotation doesn't align with neat monthly boundaries. A month can have five Fridays, which means you get a bonus weekend — but only if you know to claim it.
File your summer notice by April 1. If you don't send written notice designating your 30-day summer block, the default kicks in (July 1–31). If you want different dates — say two separate two-week blocks — you need to specify that in writing before the deadline.
Document exchanges. Use a co-parenting app or simple log to record pickup and dropoff times. If a dispute arises later about compliance, contemporaneous records carry far more weight than memory.
The Texas Child Custody & Parenting Plan Guide includes a possession schedule reference card and holiday rotation planner that maps these dates across the entire calendar year — useful for both the standard and expanded versions.
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