The Texas Standard Possession Order and the Expanded Schedule

If you’re going through a divorce or custody case in Texas, you’re likely wondering how much time you’ll get to spend with your children. The Texas Standard Possession Order (SPO) provides a framework that courts use to determine parenting schedules when parents can’t agree on their own arrangement. To see how the schedule fits your family, ask an Austin child custody lawyer.

This order establishes specific guidelines for weekend visits, holidays, and summer vacation time, designed to ensure children maintain meaningful relationships with both parents. The SPO applies to most custody cases in Texas and serves as the default schedule unless parents agree to something different or the court finds it’s not in the child’s best interest. Children under three years old often need more frequent, shorter visits rather than extended weekend stays.

Most importantly, the terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night, on the first, third and fifth weekends of each month, on alternating holidays, and at least one month in the summer. Within that framework, the noncustodial parent may receive or elect an expanded version, referred to as the Expanded Standard Possession Order (ESPO).

Pro Tip: Even if you and your co-parent agree on a different schedule, having a formal court order is essential – without one, there’s nothing for the court to enforce if disputes arise later.

How Distance Between Homes Changes the Schedule

Possession schedules vary by distance between co-parents. Texas distinguishes among parents residing 50 miles or less, parents residing 51 to 100 miles apart, and those more than 100 miles apart, each with different pickup, drop-off, and weekend options.

The default Standard Possession Order establishes the presumptive parenting time a noncustodial parent receives under Texas law. For example, when parents reside 51-100 miles apart, the noncustodial parent receives the 1st, 3rd, and 5th weekends of each month, with pickup at 6 p.m. on Friday and drop-off at 6 p.m. on Sunday. However, when parents residing 50 miles or less in cases filed on or after September 1, 2021, the Expanded Standard Possession Order under Texas Family Code § 153.3171 is the presumptive schedule, during the school year with school-dismissal pickup on Friday and drop-off when school resumes on Monday, unless the noncustodial parent opts out. Under the ESPO, weekend possession during the summer months remains with pickup at 6 p.m. on Friday and drop-off at 6 p.m. on Sunday.

For parents beyond 100 miles, summer possession increases. Our article on geographic restrictions in Texas custody orders covers limits on where a child may live.

Pro Tip: Confirm the precise mileage between residences before agreeing to any possession schedule, and the likelihood that might change in the future. The distance tier shapes your parenting time for years, and even a move across town could trigger modification proceedings.

Default Times Versus the Expanded Election

The ESPO adjusts exchange times from the default order, effectively extending each possession period. For parents residing more than 50 miles but not more than 100 miles apart, the noncustodial parent may elect the expanded schedule under Texas Family Code § 153.317. The election must be made before or at the time the court renders the possession order, either in writing filed with the court or orally on the record. For parents within 50 miles, however, the expanded schedule is presumptive under § 153.3171, meaning the noncustodial parent must opt out in writing or on the record if they don’t want it.

Weekend Parenting Time Under the ESPO

Under the election schedule, weekend pickup occurs when the child is released from school on the 1st, 3rd, and 5th Fridays, and drop-off is when school resumes on Monday. Compare this to the default schedule’s 6 p.m. Friday to 6 p.m. Sunday window. The expanded version adds Friday afternoon, all of Sunday evening, and Monday morning to the noncustodial parent’s time during the school term.

Thursday Overnight Possession

The ESPO converts the standard Thursday evening visit into an overnight. Under the SPO, Thursday parenting time runs from 6 p.m. to 8 p.m. with no overnight. The ESPO election schedule changes this to pickup at school dismissal on Thursday, with drop-off when school resumes Friday morning. This overnight component is particularly meaningful for maintaining consistent school-week routines.

Pro Tip: If your child is not yet in school or in a preschool with a non-standard schedule, confirm how “school dismissal” will be interpreted. Under Texas Family Code § 153.3101, if the child isn’t enrolled in elementary or secondary school, “school” refers to the public school district where the child primarily resides.

Weekend and Weekday Visits in Practice

Texas law operates under a rebuttable presumption that the standard possession order provides reasonable minimum possession and is in the best interest of children aged three and older. This means courts start with the assumption that following the SPO is appropriate unless there’s evidence to suggest otherwise.

The Texas Family Code Chapter 153 outlines specific parenting time schedules based on how far apart parents live from each other. Weekends are counted by the Fridays in each month, so a month with five Fridays gives the noncustodial parent three weekends. This schedule aims to maintain regular contact while minimizing disruption to the child’s school routine.

Consider how Thursday overnights interact with extracurricular commitments, tutoring, or therapy.

Pro Tip: If you have an existing custody order, review your specific order to confirm the possession schedule ordered in your case. Keep a detailed calendar of all possession periods and communicate changes in writing – this documentation can be invaluable if disputes arise.

How Holidays and Special Days Rotate

Texas law automatically extends certain weekend possession periods when they coincide with student holidays, teacher in-service days, or federal, state, or local holidays. Under Texas Family Code § 153.315(a), if a weekend coincides with a Monday student holiday or teacher in-service day during the school term, or a federal, state, or local holiday falling on a Monday during summer, possession extends to 6 p.m. on that Monday. Under § 153.315(b), if a Friday is a student holiday or teacher in-service day during the school term, weekend possession begins at 6 p.m. Thursday.

The ESPO extends these holiday provisions further. Under the expanded order, a Monday holiday extends possession to 8 a.m. on Tuesday rather than 6 p.m. Monday. When a Friday holiday applies, the expanded schedule moves the start to school dismissal on Thursday. Over a school year, these adjustments represent meaningful additional parenting time.

Holidays That Alternate by Year

Alternating holidays: Including Thanksgiving, Christmas, and spring break on a rotating schedule

The order typically assigns these periods by even- and odd-numbered years. This system ensures both parents get holiday time with their children over the years. Holiday possession typically trumps regular weekend possession in the SPO. For example, if it’s the noncustodial parent’s regular first weekend, but the custodial parent has that year’s Thanksgiving holiday period, the holiday schedule controls.

Orders also typically set aside time for the child’s birthday and for the Mother’s Day and Father’s Day weekends.

For deeper understanding of the baseline schedule, review the Texas parenting time schedule published by the Attorney General’s Office.

Pro Tip: Request your child’s school calendar at the start of each academic year and cross-reference it against your possession order to identify holidays early and prevent scheduling conflicts.

Summer Possession and Notice Deadlines

For parents more than 100 miles apart, the Texas Standard Possession Order sets a separate weekend track. Instead of the regular first, third, and fifth weekend schedule, the noncustodial parent has two options: elect one weekend per month with at least 14 days’ written or telephonic notice, or choose to maintain the first, third, and fifth weekend schedule throughout the year. This election must be made in writing within 90 days after the parties begin living more than 100 miles apart, giving parents time to assess what works best for their situation.

Extended Summer Possession for Long-Distance Parents

One significant change for parents living over 100 miles apart is extended summer possession time. While parents within 100 miles receive 30 days of summer possession, those living farther apart are entitled to 42 days. If the possessory conservator gives written notice by April 1, they can specify their chosen 42-day period. Without proper notice, the default period runs from 6:00 p.m. on June 15 to 6:00 p.m. on July 27.

Parents who live closer have a default period too. For parents within 100 miles, this means 30 consecutive days from 6:00 p.m. on July 1 to 6:00 p.m. on July 31. If you miss the April 1 deadline, you don’t lose summer possession time – you just get the default period instead. The ESPO does not adjust specific exchange times for summer periods.

Pro Tip: If you’re planning to move more than 100 miles away, consult with an attorney before the move to understand how it will affect your possession schedule and what elections you need to make.

Agreeing to a Different Schedule

While the SPO and ESPO provide a statutory framework, parents may agree to custom schedules that better reflect their family’s circumstances, subject to the court’s approval and the child’s best interests. For families with complex schedules, multiple residences, or children in different school districts, a tailored approach may be more appropriate. Some families use nesting, rotating parents through the children’s home. If you work Thursday evenings, you might request a different weekday or extended weekend time instead.

A court can also set a different schedule on its own. The court does not have to follow the SPO if a child is under three years old, in cases involving domestic violence or child abuse, or if the SPO is not in the best interest of the child. Our post on how family violence history affects custody covers that last group.

Without a court order modification, either parent can demand a return to the original schedule at any time. It’s best to document any long-term changes through a formal modification to avoid future conflicts.

Our article on modifying child custody in Texas walks through that process.

If a flexible arrangement falls apart, the terms in the signed order are the ones that count. Should a co-parent stop honoring the schedule, read what to do when a custody order is violated.

Counsel experienced in Texas custody matters can also advise on whether to negotiate terms beyond the standard or expanded order.

Pro Tip: Document your current parenting arrangements, daily routines, and work schedule before your initial consultation to help your attorney evaluate which possession framework best supports your case.