Understanding Your Parenting Time Rights in Texas
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. 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.
💡 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.
If you’re navigating the intricacies of child custody and need guidance with Texas’s Standard Possession Order, reach out to Lackey Law for personalized assistance. We’re here to help clarify your parenting time rights and ensure a fair arrangement for you and your kids. Don’t hesitate to contact us or give us a ring at 888-705-0307 today!
Your Rights Under Texas Parenting Time Laws
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. Working with a Child Custody Attorney in Fredericksburg, TX can help you understand how these presumptions apply to your specific situation, especially if you believe a different arrangement would better serve your family’s needs.
The Texas Family Code Chapter 153 outlines specific parenting time schedules based on how far apart parents live from each other. For most parents residing within 100 miles of each other, the noncustodial parent typically receives possession on the first, third, and fifth weekends of each month from 6:00 p.m. Friday to 6:00 p.m. Sunday, plus Thursday evenings from 6:00 p.m. to 8:00 p.m. during the school year. This schedule aims to maintain regular contact while minimizing disruption to the child’s school routine.
💡 Pro Tip: If you have an existing custody order, review your specific order to confirm the possession schedule ordered in your case.
How the Standard Possession Schedule Works Throughout the Year
Understanding the timeline and structure of the SPO helps parents plan ahead and avoid conflicts. The schedule is designed to give both parents meaningful time with their children while maintaining consistency and stability. 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.
-
Regular weekends: First, third, and fifth weekends are counting using Fridays each month, and generally continue through Sunday at 6:00 p.m. or Monday morning (for parents within 100 miles)
-
Thursday evenings: 6:00 p.m. to 8:00 p.m. during the regular school term or overnight in some cases
-
Summer possession: 30 days for parents within 100 miles, with written notice by April 1 there is some flexibility on the dates that can be selected
-
Alternating holidays: Including Thanksgiving, Christmas, and spring break on a rotating schedule
-
Special provisions: Different schedules apply when parents live more than 100 miles apart, allowing for extended time options
💡 Pro Tip: Mark your calendar immediately with all possession dates for the year, including the April 1 deadline for summer vacation notice – missing this deadline means you’ll get the default summer period instead of choosing your preferred dates.
Working with a Child Custody Attorney in Fredericksburg, TX for Your Parenting Plan
While the SPO provides a solid foundation for parenting time, every family’s situation is unique. Parents may need modifications when the standard schedule doesn’t work due to work schedules, special needs of the child, or other circumstances. 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. Lackey Law understands these complexities and can help parents navigate the process of establishing or modifying parenting time orders that work for their specific situation.
When seeking modifications or establishing initial orders, courts will consider various factors beyond just following the standard schedule. A knowledgeable Child Custody Attorney in Fredericksburg, TX can present evidence about why a different arrangement might better serve your child’s needs, whether that involves more frequent short visits, different exchange times, or accommodations for special circumstances.
💡 Pro Tip: Document any agreed-upon deviations from your court order in writing – verbal agreements between parents aren’t difficult to evidence if disputes arise later.
Distance Matters: Special Rules for Parents Living Far Apart
When parents live more than 100 miles apart, the Texas Standard Possession Order recognizes that frequent weekend exchanges become impractical. 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. This extended time recognizes that children need longer periods with the noncustodial parent when regular weekend visits aren’t feasible due to distance.
💡 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.
When the Standard Order Doesn’t Apply: Special Circumstances
Not every family fits into the standard possession order framework. Texas Family Code Chapter 153 recognizes several situations where courts may deviate from the standard schedule. Children under three years old often need more frequent, shorter visits rather than extended weekend stays. In these cases, the court shall render a prospective order to take effect on the child’s third birthday, which presumptively will be the standard possession order, but until then, a different schedule applies that better suits the developmental needs of very young children.
Family Violence and Safety Concerns
Concerns regarding family violence can significantly impact the court’s parenting time decision. When there’s evidence of domestic violence or child abuse, courts may order supervised visitation, require exchanges at safe locations, or implement other protective measures. The Office of the Attorney General emphasizes that family violence concerns can affect parenting time decisions and provides specific resources and policies to help families in these situations. A Child Custody Attorney in Fredericksburg, TX can help present evidence of safety concerns and advocate for appropriate protections while ensuring children maintain safe relationships with both parents when possible.
💡 Pro Tip: If safety is a concern, document all incidents and seek immediate legal guidance – courts take documented evidence of family violence seriously and have tools to protect both parents and children.
Frequently Asked Questions
Common Questions About Texas Parenting Time
Parents often have many questions about how the Standard Possession Order works in practice and what their rights are under Texas law. Understanding these details helps avoid conflicts and ensures smooth transitions for children moving between homes.
💡 Pro Tip: Keep a detailed calendar of all possession periods and communicate changes in writing – this documentation can be invaluable if disputes arise.
Next Steps in Your Custody Case
Whether you’re establishing initial orders or seeking modifications, understanding the legal framework is just the first step. Most custody orders in Texas name the parents Joint Managing Conservators (JMCs), and courts will order this arrangement unless there’s a good reason not to, such as documented family violence.
💡 Pro Tip: Consider mediation before going to court – many parents find they can create better, more flexible arrangements through agreement than what a judge might order after a trial.
1. What if my work schedule conflicts with the Thursday evening visits in the Standard Possession Order Texas?
Courts can modify the standard schedule when it’s not in the child’s best interest or when practical circumstances make it unworkable. If you work Thursday evenings, you might request a different weekday or extended weekend time instead. The key is showing the court how your proposed alternative serves your child’s needs while maintaining meaningful parent-child contact.
2. How do Texas parenting time laws handle holidays when they fall on a regular weekend?
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. This system ensures both parents get holiday time with their children over the years.
3. Can parents agree to ignore the court-ordered schedule as long as both agree?
Yes, parents can agree to flexible arrangements, but the court order remains the enforceable schedule if disputes arise. 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.
4. What happens if I don’t give notice by April 1 for summer possession as required by Texas Child Custody laws?
If you miss the April 1 deadline, you don’t lose summer possession time – you just get the default period instead. 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. Parents over 100 miles apart get June 15 through July 27. The other parent may have already made plans based on these default dates.
5. Should I hire a Fredericksburg family law attorney even if my co-parent and I agree on custody?
Even when parents agree, having legal guidance ensures your agreement is properly documented and enforceable. An attorney can help identify potential future issues, ensure the agreement complies with Texas law, and draft clear language that prevents misunderstandings. Legal custody can only be created by a court order, not informal agreements, making proper legal documentation essential.
Work with a Trusted Child Custody Lawyer
Navigating Texas child custody laws and the Standard Possession Order can feel overwhelming, especially when you’re also dealing with the emotional aspects of family changes. Whether you’re establishing initial orders, seeking modifications, or dealing with enforcement issues, having knowledgeable legal guidance makes a significant difference. Understanding your rights and obligations under the law helps you make informed decisions that benefit your children while protecting your parental relationship. Remember that every family situation is unique, and while the SPO provides a starting framework, Texas courts have flexibility to create arrangements that truly serve the best interests of your children.
Juggling the Texas Standard Possession Order can be like trying to catch a greased pig! Let Lackey Law lend a helping hand to ensure your parenting plan aligns with your family’s needs. Whether you have questions or need a guiding voice, don’t hesitate to contact us or give us a call at 888-705-0307.
