Texas Standard Possession Order: How Custody Time Works

When Texas parents separate, one of the first questions is simple to ask and hard to answer: when do I actually see my kids? Texas answers that question with a default schedule called the Standard Possession Order, or SPO. It appears in Chapter 153 of the Texas Family Code, and courts in Harris County and across the state start from it in most cases involving children age three and older.

Understanding how the SPO works before your first hearing makes the whole process less disorienting. It also helps you see which parts of a schedule are genuinely negotiable and which parts a judge is unlikely to move without a real reason.

Conservatorship comes first, possession comes second

Texas separates two ideas that people often blend together. Conservatorship is about decision-making rights and duties: who can consent to medical treatment, who makes education decisions, who holds the right to receive child support. Possession and access is about the calendar, meaning who has the children on which days.

The Family Code presumes that appointing both parents as joint managing conservators is in a child's best interest. Joint managing conservatorship does not mean equal time. It means both parents share rights and duties, while one parent usually holds the exclusive right to designate the child's primary residence, often within a specified geographic area such as Harris County and contiguous counties.

The standard schedule when parents live within 100 miles

If the parents live 100 miles or less apart, the SPO gives the parent who does not have primary possession:

• The first, third, and fifth weekends of each month
• A Thursday evening period during the school year
• Alternating major holidays, with Thanksgiving and the Christmas break split on a rotating basis
• An extended summer period of 30 days
• Father's Day or Mother's Day weekend, depending on the parent

Weekends are counted by the calendar, not by rotation, which is why the fifth weekend exists and why two weekends in a row can occasionally fall to the same parent. Holidays override the regular weekend schedule, so a holiday period does not get made up later unless the order says so.

The expanded standard possession order

Texas law allows the noncustodial parent to elect an expanded version of the schedule. Instead of picking up Friday evening and returning Sunday evening, that parent picks up when school lets out on Friday and returns when school resumes Monday morning. The Thursday period can likewise run from the end of school Thursday to the start of school Friday.

The expanded election matters more than it sounds. It converts several separate exchanges into school drop-offs, which reduces the number of times parents have to meet, and it adds meaningful overnight time across a year. A parent generally elects expanded possession at the time the order is rendered, so raising it early is important.

When parents live more than 100 miles apart

Distance changes the shape of the schedule. Beyond 100 miles, the noncustodial parent may keep the first, third, and fifth weekend pattern or elect one weekend per month with advance notice. Summer possession expands to 42 days, and every spring break goes to the noncustodial parent rather than alternating. The Thursday evening period drops out, because midweek travel is not realistic.

Because the distance rule turns on where the parents actually live, a planned move can change a schedule that has worked for years. Relocation disputes are among the most contested issues in Texas family law cases, and geographic restrictions written into the original order are often the deciding factor.

Children under three

The Family Code does not apply the standard schedule automatically to children under three. Instead, a court considers factors such as the caregiving history of each parent, the child's need for continuity, the ability of the parents to share information, and the physical distance between homes. Orders for infants and toddlers often use shorter, more frequent visits, with a written step-up that phases into the standard schedule when the child turns three.

Deviating from the standard schedule

The SPO is a presumption, not a ceiling or a floor. Parents can agree to something else, and Texas courts routinely approve agreed parenting plans that fit real work schedules, including week-on week-off arrangements or 2-2-3 rotations. A judge can also order a different schedule after hearing evidence, particularly where there are concerns about family violence, substance use, a parent's work pattern, or a child's specific medical or educational needs.

How possession interacts with support and modification

Possession time and child support are separate obligations. A parent cannot withhold the children because support was not paid, and a parent cannot stop paying support because visits were missed. Both are enforced through the court, and self-help tends to damage the parent who tries it.

Orders can be modified when circumstances have materially and substantially changed, which can include a move, a change in work schedule, or a change in the child's needs. A child twelve or older may also confer with the judge about their preference regarding primary residence, though the judge is not bound by it. Modification of a possession order frequently overlaps with divorce matters that were resolved years earlier, and with estate planning updates such as guardian designations for minor children.

Practical steps before your hearing

Parents in Cypress and the surrounding Harris County area file in the Harris County family courts, and local scheduling practices affect how quickly temporary orders are heard. An experienced attorney can explain how the standard schedule would apply to your household and where a deviation is realistically worth pursuing. To discuss your situation, see our contact page.

Frequently asked questions

Is the Standard Possession Order the same as 50/50 custody in Texas?

No. The Standard Possession Order in Chapter 153 of the Texas Family Code is a default schedule that generally gives the noncustodial parent the first, third, and fifth weekends, a Thursday period during the school year, alternating holidays, and 30 days in the summer. Parents can agree to an equal-time schedule, and a court can order one, but it is not the statutory default.

What is the expanded standard possession order?

The expanded election extends weekend periods so they begin when school lets out on Friday and end when school resumes on Monday, and it can extend the Thursday period overnight. It reduces the number of exchanges and adds overnight time. The election is generally made at the time the order is rendered.

Does the schedule change if one parent moves more than 100 miles away?

Yes. Beyond 100 miles, the noncustodial parent may keep the first, third, and fifth weekend pattern or elect one weekend per month with notice, summer possession expands to 42 days, spring break goes to that parent every year, and the Thursday period drops out.

This is general information, not legal advice. Prior results do not guarantee a similar outcome.