The Standard Possession Order (SPO) is the default possession schedule for many cases involving conservatorship. It governs possession and access for the conservator who does not have the exclusive right to designate the child’s primary residence. The schedule varies depending on the distance between the residences of parents and may be expanded under the Extended Standard Possession Order. In some cases, courts may approve a different parenting plan or modify the schedule when doing so is in the best interest of the child.
Learn how the Standard Possession Order applies to conservatorship, visitation, and parenting time with insights from Texas Divorce Attorneys.
The SPO is the default schedule established by Texas Family Code §153.312 and the surrounding provisions of Chapter 153. It specifies the periods during which the conservator entitled to possession may exercise parenting time. The Standard Possession Order generally applies unless:
- The court determines another schedule better serves the best interest of the child.
- The parties agree to a different parenting arrangement that the court approves.
- A different statutory possession schedule applies because of the child’s age or other circumstances.
The Legislature presumes that the Standard Possession Order provides reasonable minimum periods of possession for many children who are three years of age or older. However, the presumption may be rebutted by the facts of a particular case.
Conservatorship and Possession Are Separate Legal Concepts
Before establishing a possession schedule, the court determines conservatorship. A managing conservator is granted specified parental rights and duties. In many cases, both parents are appointed Joint Managing Conservators and share significant decision-making authority, even if one parent has the exclusive right to determine the child’s primary residence. A possessory conservator generally receives court-ordered periods of possession and access according to the Standard Possession Order or another approved schedule.
What Is the Standard Possession Schedule?
The Standard Possession Order establishes recurring periods of possession during the school year, holidays, and summer vacation.
Regular School-Year Possession
A substantial reduction in earnings caused by circumstances outside a parent’s control may support a modification request. Examples include:
- Permanent job loss
- Layoffs
- Disability
- Significant reduction in work hours
- Business closure
Voluntarily reducing income or intentionally remaining unemployed generally does not guarantee a reduction in child support. Courts may consider earning capacity and other relevant evidence when determining whether modification is appropriate.
Know more – Modifying a Child Custody Order in Texas: What Parents Must Prove in a SAPCR Modification
Holiday Possession
The Standard Possession Order includes detailed provisions allocating major holidays independently from the regular weekend schedule. These provisions generally govern:
- Thanksgiving
- Christmas school vacation
- Spring Break
- Mother’s Day
- Father’s Day
- Child’s birthday in certain circumstances
Holiday possession takes precedence over the regular monthly schedule whenever the periods overlap.
Summer Possession
The Family Code provides extended summer parenting time for the possessory conservator. The commonly referenced 30-day summer possession remains available, although statutory amendments provide parents with options regarding the timing and division of summer possession. The applicable provisions depend upon timely notice and the elections made by each conservator.
What Is the Extended Standard Possession Order Texas?
The extended standard possession order increases parenting time beyond the default Standard Possession Order. When applicable, the expanded schedule, like weekend, generally allows:
- Weekend possession beginning when school is dismissed on Friday rather than in the evening
- Weekend possession continuing until school resumes on Monday instead of ending Sunday evening
- Thursday possession extending overnight until school resumes Friday morning
These expanded periods are authorized by statute and do not require proof that the standard schedule is inadequate. Instead, they become available when properly elected or ordered.
How Does Distance Between the Parents Affect Possession?
Distance between the parents’ residences significantly affects the statutory schedule.
Parents Living Within 100 Miles
When the parents reside within 100 miles, the Standard Possession Order generally includes:
- Regular 1st, 3rd, and 5th weekends
- Weekly Thursday evenings
- Alternating holidays
- Summer possession
This schedule assumes regular travel between residences is reasonably practical.
Parents Living Beyond 100 Miles
When parents reside beyond 100 miles apart, the Family Code modifies certain possession periods to reduce frequent long-distance travel. The possessory conservator may receive:
- One designated weekend each month rather than three weekends
- Longer holiday periods
- Expanded summer possession
- Alternative election rights provided by statute
The exact schedule depends upon the applicable statutory provisions and any court-approved modifications.
What Are Election Provisions?
The Family Code permits conservators to elect provisions that modify certain statutory possession periods without changing the underlying order. Depending on the circumstances, a conservator may elect:
- Alternative beginning and ending times for possession
- Specific summer possession dates
- Different Christmas possession periods, where authorized by statute
- Expanded possession rights available under the Extended Standard Possession Order
Election deadlines are established by statute. If a required election is not timely made, the default provisions of the Family Code generally control.
Can Parents Agree to a Different Parenting Plan?
Parents are not required to follow the Standard Possession Order if they mutually agree to another arrangement and the court approves it. A customized parenting plan may better accommodate:
- Rotating work schedules
- Children’s extracurricular activities
- Equal parenting time
- Long-distance parenting
- Other family circumstances
Before approving an agreed parenting plan, the court must determine that the arrangement serves the best interest of the child, which remains the controlling standard in all custody and possession matters.
When Can a Court Order a Different Possession Schedule?
Although the Standard Possession Order is the statutory default, it is not mandatory in every case. A court may order a different possession schedule whenever the evidence demonstrates that the statutory schedule would not adequately serve the child’s welfare. Relevant considerations may include:
- The child’s age and developmental needs
- Each parent’s ability to meet those needs
- Geographic distance
- Educational and medical considerations
- Family violence or safety concerns where applicable
- Other facts relevant to the child’s physical, emotional, and developmental well-being
The ultimate determination is guided by the best interest of the child, consistent with Chapter 153.
Plan for Your Child’s Future
The Standard Possession Order provides the statutory framework for possession and access in many Texas conservatorship cases, but it does not automatically fit every family’s circumstances. Whether your case involves the standard schedule, an extended standard possession order, long-distance parenting, or a request to modify an existing order, the court’s primary consideration remains the best interest of the child. Understanding how the Family Code applies to your situation can help you make informed decisions about your parental rights and responsibilities.
If you have questions about conservatorship, visitation, or creating a parenting plan that works for your family, the experienced Texas Divorce Attorneys can explain your legal options, protect your parental rights, and advocate for a solution that supports your child’s best interests. Call us today at (612) 662-9393 to schedule your confidential case evaluation.
Frequently Asked Questions
Does the Standard Possession Order apply to children under the age of three?
Not necessarily. The Standard Possession Order is generally presumed to be appropriate for children who are three years of age or older. For younger children, a Texas court may order a possession schedule tailored to the child’s developmental needs and the family’s circumstances, with the child’s best interest remaining the controlling standard.
Can grandparents receive visitation under a Standard Possession Order?
No. A Standard Possession Order governs possession and access between parents or conservators. Grandparents do not automatically receive visitation rights and must meet specific legal requirements under Texas law before a court may grant court-ordered access.
What happens if a scheduled exchange falls on a school holiday or teacher workday?
The applicable court order controls. Some possession periods begin or end based on the school’s dismissal and resumption schedule. If the child is not in school due to a holiday or teacher workday, the exchange time is determined by the language of the possession order and the Texas Family Code.
What should parents do if bad weather or an emergency prevents a scheduled exchange?
Parents should communicate promptly and make reasonable efforts to comply with the court order. If circumstances beyond either parent’s control prevent an exchange, they may agree on an alternative arrangement. Repeated disputes may require court intervention if the issue cannot be resolved.
Can a child decide not to attend scheduled visitation?
Generally, no. A valid court order remains enforceable regardless of a child’s preference. Although a child’s wishes may be considered in certain proceedings, parents are generally expected to comply with the possession order unless it is modified by the court.
