If you're navigating a Texas custody case, you've likely encountered the term "Standard Possession Order" or "SPO." This schedule determines when you see your children, how holidays work, and how summers are divided.
Texas Legal Terminology: Texas uses “conservatorship” for legal custody concepts and “possession and access” for the parenting-time schedule. Many parents are appointed joint managing conservators, while one parent is usually given the exclusive right to designate the child’s primary residence (often what people mean by “custodial parent”). The possessory conservator is typically the parent who does not have the right to designate the primary residence under the order. The Standard Possession Order (SPO) is the statutory baseline schedule courts often use when parents do not agree on different terms.
SPO vs. ESPO: The Standard Possession Order (SPO) is the baseline schedule in Texas. What many people call an “Expanded Standard Possession Order” usually means the SPO with alternative start/end times that track the school day (for example, weekend possession that begins at school dismissal on Friday and ends at school resumption on Monday, plus a Thursday overnight during the school year).
Distance matters:
- If the parents live within 100 miles, the possessory conservator can often elect these alternative start/end times, and the court generally includes them unless the court finds they are not in the child’s best interest.
- If the parents live 50 miles or less, Texas law generally requires the court to include these “expanded” start/end times by default in qualifying cases—unless the possessory conservator declines them or an exception applies.
- If the parents live more than 100 miles apart, different rules and options apply.
Key Takeaways for Texas Standard Possession Orders
- The Standard Possession Order (SPO) is Texas’s baseline possession schedule for many cases involving children age three and older.
- Under the traditional SPO (often used when parents live within 100 miles and no expanded times are chosen), the possessory conservator typically has first, third, and fifth weekends and a weekday period during the school term (commonly Thursday evenings), plus alternating holidays and summer time.
- Texas also allows “expanded” possession times that follow the school schedule (for example, Friday after school to Monday school return and a Thursday overnight during the school year).
- If the parents live within 100 miles, the possessory conservator may be able to elect those expanded start/end times. If the parents live 50 miles or less, the expanded start/end times are generally the default in qualifying cases unless declined or an exception applies.
- Summer possession for the possessory conservator is commonly up to 30 consecutive days when the parents live within 100 miles, or up to 42 days when the parents live more than 100 miles apart, with written notice from the possessory conservator to the managing conservator typically due by April 1 (always confirm the specific deadline and terms in your signed order).
- If parents live more than 100 miles apart, the schedule changes in practical ways—most notably no midweek period during the school term, different options for weekend selection, and an every-year spring break period for the possessory conservator.
- Parents can agree to different schedules with court approval, and either parent may seek modification when circumstances materially and substantially change and the requested change is in the child’s best interests.
What Is the Texas Standard Possession Order?
The Standard Possession Order is Texas's default visitation schedule under Texas Family Code § 153.312. This schedule balances children's need for stability with both parents' right to meaningful time with their children.
Courts use the SPO unless parents agree to a different arrangement or evidence shows another schedule better serves the child. The SPO provides specific times, dates, and locations for exchanges, creating predictability for children and reducing conflicts between parents.
When Courts Use the Standard Possession Order
Courts apply the SPO in most cases involving children three years old or older when parents cannot agree on a different schedule. If parents create their own schedule and both agree, courts typically approve variations from the SPO.
SPO vs. Other Custody Arrangements in Texas
The SPO is not "custody" itself—it's the possession schedule. In most Texas cases, parents share joint managing conservatorship while one parent has the exclusive right to determine the child's primary residence. Parents might negotiate 50/50 possession schedules or other custom calendars. The SPO provides the framework when parents need court guidance.
The Complete Texas SPO Schedule Breakdown
Understanding the exact schedule helps you plan work, activities, and quality time with your children.
Regular Weekend Schedule: First, Third, and Fifth Weekends
The possessory conservator has possession on the first, third, and fifth weekends of each month.
- Traditional SPO (commonly used within 100 miles when expanded times are not included): Friday 6:00 PM to Sunday 6:00 PM on the first, third, and fifth weekends.
- SPO with expanded start/end times (school-based exchanges): When included in the order, weekend possession commonly runs from school dismissal Friday to school resumption Monday (and exchanges may be at school rather than at a parent’s home).
- More than 100 miles apart: The possessory conservator typically has (a) the first, third, and fifth weekends from Friday 6:00 PM to Sunday 6:00 PM or (b) the option to designate one weekend per month of the possessory conservator’s choice (with required notice), depending on what the order provides.
The "fifth weekend" occurs in months with five Fridays, giving the possessory conservator back-to-back weekends.
Exchange locations: When school is named for exchanges, the school calendar controls. When school isn't in session, the order's designated residence (such as the custodial parent's home) controls exchanges.
Thursday/Weekday Possession (During School Term)
Under the traditional SPO (often used when parents live within 100 miles and expanded times are not included), the possessory conservator commonly has a weekday period during the school term—often Thursday 6:00 PM to 8:00 PM.
If the order includes expanded start/end times, the weekday period may be an overnight that begins at school dismissal and ends when school resumes the next morning (for example, Thursday after school to Friday school return).
If the parents live more than 100 miles apart, the statutory schedule generally does not include a weekly midweek period during the school term, because long-distance schedules are structured differently to account for travel.
Extended Weekend Schedule (When School Is Out)
Standard SPO: Weekends are Friday 6:00 PM to Sunday 6:00 PM, even when school is not in session.
ESPO: Weekends run from school dismissal Friday to return to school Monday morning during the school year.
Pickup and Drop-Off Times Under SPO
Exchange times depend on (1) whether the order uses traditional clock times or expanded school-based times and (2) the distance between households.
- Traditional clock-time exchanges (common in many SPOs):
- Weekend begins: 6:00 PM Friday
- Weekend ends: 6:00 PM Sunday
- Weekday period during the school term (if included): often 6:00 PM to 8:00 PM
- School-based exchanges (expanded start/end times, when included in the order):
- Weekend begins: school dismissal Friday
- Weekend ends: school resumption Monday morning
- Weekday overnight (if included): school dismissal to next-day school resumption
- More than 100 miles apart:
Long-distance possession often uses 6:00 PM start/end times for travel practicality, and the order may allow the possessory conservator to choose either the regular first/third/fifth weekend pattern or one designated weekend per month (with proper notice).
When exchanges are set at school, the school calendar controls. When school is not in session, exchanges typically occur at a parent’s residence or another location specified in the order.
Texas SPO Holiday Schedule: Who Gets Which Holidays
Holiday possession overrides regular weekends. Holiday periods generally supersede conflicting weekend or weekday periods without regard to how far apart the parents live, although long-distance cases have special rules for certain periods (especially spring break).
Thanksgiving and Spring Break alternate by odd/even years, but your signed order controls which years you receive each holiday. Christmas is split into two periods that alternate each year. Mother's Day and Father's Day always go to the respective parent.
| Holiday | Typical Allocation |
| Thanksgiving | Alternates odd/even years—check your order |
| Spring Break | Alternates odd/even years—check your order |
| Christmas Period 1 (school release to Dec 28 noon) | Alternates odd/even years between parents |
| Christmas Period 2 (Dec 28 noon to school return) | Alternates odd/even years between parents |
| Mother's Day Weekend | Mother (regardless of conservatorship) |
| Father's Day Weekend | Father (regardless of conservatorship) |
Note: Holiday possession is set by statewide statutory guidelines, but your signed order controls—especially if the court ordered deviations or the parents agreed to different terms. Always confirm the exact odd/even-year allocations and the specific start/end times in your decree.
Mother's Day and Father's Day weekends always go to the respective parent regardless of which parent is the managing or possessory conservator.
Summer Visitation Under Texas Standard Possession Order
Summer provides extended time for the possessory conservator to maintain close relationships during months when school doesn't interrupt.
Standard SPO (100 miles or less): The possessory conservator has the right to 30 consecutive days during summer vacation.
More than 100 miles apart: The possessory conservator may designate 42 consecutive days during summer vacation.
The possessory conservator must provide written notice to the managing conservator by April 1 (or April 15 if the order specifies) of their selected summer dates.
Default periods if no notice is given:
- 100 miles or less: July 1 at 6:00 PM through July 31 at 6:00 PM
- More than 100 miles: June 15 at 6:00 PM through July 27 at 6:00 PM
Even during extended summer possession, the managing conservator may have one weekend of possession with timely notice—unless your order provides different terms. Always confirm the specific notice deadline and weekend details in your decree.
Texas Custody Calendar: Visualizing Your Possession Schedule
Creating a visual calendar helps you see how the SPO works throughout the year. Mark first, third, and fifth weekends on your calendar at the beginning of each month. Remember that fifth weekends only occur in months with five Fridays.
When holiday possession periods occur, they replace the regular weekend schedule. Download or create a calendar marking your weekends, Thursday evenings, holiday periods, and selected summer dates to prevent confusion.
What Is an Expanded Standard Possession Order in Texas?
In Texas, “expanded possession” usually refers to the Standard Possession Order with alternative beginning and ending times that follow the school schedule rather than fixed clock times. The most common differences include:
- Weekend possession that begins at school dismissal on Friday and ends at school resumption on Monday during the school term;
- A weekday overnight during the school term (often tied to school dismissal to school resumption); and
- School-based exchange locations, which can reduce parent-to-parent conflict at handoffs.
How distance affects expanded times:
- Within 100 miles: The possessory conservator can often elect these alternative start/end times, and courts generally include them unless the court finds they are not in the child’s best interest or not workable.
- 50 miles or less: In many qualifying cases filed on or after September 1, 2021, Texas law generally requires the court to include these expanded start/end times by default—unless the possessory conservator declines them or another statutory exception applies.
Important: Not every order uses the same labels. Some decrees call these provisions “expanded,” “extended,” or “alternative” possession times. The controlling document is always the signed court order.
Distance Matters: SPO When Parents Live Over 100 Miles Apart
When parents live more than 100 miles apart, Texas law adjusts the schedule to make travel realistic and reduce disruption.
Key long-distance differences often include:
- Weekend options: The possessory conservator may follow the first/third/fifth weekend pattern (Friday 6:00 PM to Sunday 6:00 PM) or may be allowed to designate one weekend per month of the possessory conservator’s choice (with required notice), depending on what the order provides.
- No weekly midweek period during the school term: Long-distance orders generally do not include the standard Thursday/weekday period that appears in many within-100-miles schedules.
- Spring break: The possessory conservator typically has spring break each year, beginning at 6:00 PM on the day school dismisses for spring vacation and ending at 6:00 PM the day before school resumes.
- Summer: The possessory conservator may have the option to designate up to 42 days during the summer, with notice typically due by April 1 (confirm the deadline and whether the time can be split under your specific order).
- Start/end times: Long-distance schedules often use 6:00 PM start/end times to account for travel, even when shorter-distance orders use school dismissal/school resumption.
Texas courts can also include provisions for reasonable electronic communication (phone/video contact) when a parent is not in possession, especially in long-distance situations.
Modifying Standard Possession Order Texas
The SPO serves as the starting point, not a rigid requirement. Many families need different arrangements.
When Courts Allow Deviations from SPO
Courts deviate from SPO when evidence shows a different schedule better serves children's specific needs. Factors courts consider include:
- Parents' work schedules (shift work, frequent travel, irregular hours)
- Children's ages and developmental needs
- Children's school and extracurricular schedules
- Special needs requiring particular care arrangements
- History of family violence requiring supervised exchanges
- Distance between parents making SPO impractical
Agreed Modifications vs. Contested Changes
If both parents agree to a different schedule, courts typically approve agreed possession orders that vary from SPO. These agreements must be in writing and signed by both parties.
Contested modifications require evidence that the proposed schedule serves the children's best interests better than the SPO. The parent seeking deviation bears the burden of proving why the change is necessary.
Material Change Requirements for Modification
For existing SPO orders, Texas Family Code § 156.101 requires proof of "material and substantial change in circumstances" to modify possession schedules.
Material changes might include:
- Significant changes in parents' work schedules or residence
- Children's developmental changes that require different arrangements
- Parent's remarriage that creates new family dynamics
- Changes in children's school or activity schedules
- Health issues affecting either parent or children
Creating a Custom Possession Schedule
Parents might negotiate possession schedules that include:
- Equal 50/50 time through week-on/week-off arrangements
- 2-2-3 schedules (two days with one parent, two with the other, three with the first)
- Modified weeknight overnight schedules
- Different holiday rotations based on family traditions
- Flexible summer arrangements accommodating both parents' vacation plans
Custom schedules require both parents' agreement and court approval through a signed order.
FAQ About Texas Standard Possession Orders
Can We Create Our Own Schedule?
Yes, parents might agree to any schedule that works for their family. Courts typically approve agreed possession orders that differ from SPO as long as both parents sign and the arrangement serves the children's best interests. However, once the court signs the order, you must follow it exactly. Informal side agreements don't modify court orders—only signed court orders change possession schedules.
What If SPO Doesn't Work With Our Jobs?
Many parents face work schedule conflicts with SPO. If both parents agree, you might negotiate a modified schedule accommodating your work hours. For shift workers, rotating schedules, or parents who travel for work, courts often approve possession orders that differ from SPO. Present your work schedule to your attorney to develop a practical alternative.
How Much Actual Time Does Each Parent Get?
How much time each parent receives depends on the child’s school calendar, the distance between households, and whether the order includes expanded (school-based) start/end times, extended summer periods, and holiday selections. Traditional SPO schedules are often described as giving the possessory conservator a minority of overnights, while expanded start/end times generally increase overnights and reduce the gap—but the exact percentage varies from case to case. If you want a precise number, the most reliable approach is to map your specific signed order onto a calendar for the current school year.
Does the Noncustodial Parent Pay Child Support With SPO?
Yes, possession schedules and child support are separate issues under Texas law. Texas Family Code § 153.138 explicitly states that joint managing conservatorship designation does not affect the court's authority to order child support. Even with ESPO providing nearly equal time, income differences between parents typically result in child support obligations to maintain similar standards of living in both homes.
Who Has the Child on Their Birthday?
The SPO doesn't specifically address children's birthdays unless your order includes special provisions added by the court or through parental agreement. Regular possession schedules apply on birthdays. Some parents negotiate special birthday provisions allowing the non-possessing parent a few hours with the child on their birthday, or alternating birthday years between parents.
Contact Bailey & Galyen for Family Law Guidance
Understanding your possession schedule helps you plan your life and maintain strong relationships with your children. The Standard Possession Order provides the framework for most Texas custody cases, but every family's situation is unique.
Bailey & Galyen represents clients throughout Texas in family law matters, including divorce, conservatorship disputes, and possession order modifications. Our attorneys understand Texas Family Code requirements and help clients navigate complex custody arrangements. With offices throughout the Dallas/Fort Worth metroplex and Houston area, we're positioned to serve families across Texas.
For a confidential consultation about your custody schedule, modifying an existing possession order, or negotiating arrangements that fit your family's needs, contact Bailey & Galyen today. Call Houston (281) 612-5210, Dallas (972) 449-1241, Fort Worth (817) 438-2121, or Bedford HQ (817) 345-0580 to discuss your family law matters with our team.