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Understanding the Texas Standard Possession Order

If you have a custody case in Texas and the parents can’t agree on a schedule, the court will almost always default to the Texas Standard Possession Order (SPO). It’s laid out in Texas Family Code Chapter 153, and knowing how it works — before you walk into a hearing — makes a real difference in how prepared you feel.

I’m a pro se coach, not an attorney. This post explains how the SPO generally works; it isn’t legal advice for your specific order. Always check your own decree and consult an attorney about your situation.

Who the Standard Possession Order Applies To

The SPO is written for a child age three or older. For children under three, Texas courts use a different, more flexible framework based on the child’s developmental needs, so don’t assume the standard schedule automatically applies to a toddler or infant.

The Basic Schedule

For a noncustodial parent (the “possessory conservator”) who lives within 100 miles of the child, the standard schedule generally provides:

  • First, third, and fifth weekends of every month, typically Friday evening through Sunday evening
  • Thursday evenings during the school year
  • Alternating holidays, including Thanksgiving, Christmas break split into two periods, and spring break
  • Extended summer possession of up to 30 days, with proper notice

Expanded Possession Times

If your case was filed on or after September 1, 2021, Texas Family Code § 153.3171 makes expanded beginning and ending possession times the automatic default when the parents live within 50 miles of each other — meaning pickup can start when school lets out rather than at 6 p.m., and return can extend to the start of school the next day. This only doesn’t apply if the possessory conservator opts out or the court finds a reason to depart from it.

When Parents Live More Than 100 Miles Apart

If the noncustodial parent lives beyond 100 miles from the child, the law shifts toward larger blocks of time rather than frequent weekends — for example, the option to choose one weekend per month plus expanded summer or holiday possession, since frequent travel isn’t realistic.

2026 Holiday Notes

Possession of major holidays alternates by year. Since 2026 is an even-numbered year, the parent with the right to Thanksgiving possession this year is generally the custodial (managing conservator) parent, with pickup at 6 p.m. when school releases for the break and return by 6 p.m. the Sunday after. Always check your specific decree, since parties can and do agree to different terms.

Why This Matters for Your Case

Judges default to the SPO because it’s already been tested and upheld — deviating from it usually requires a specific reason tied to the child’s best interest. If you’re heading into a custody hearing, understanding exactly what the standard schedule provides helps you evaluate whether to request it as-is, ask for the expanded version, or make the case for something different.

Enforcing or Modifying Your Order

If the other parent isn’t following the schedule, Texas allows you to file a Motion for Enforcement, which can result in makeup time, fines, or in serious cases, contempt findings. If your circumstances have genuinely changed, a Motion to Modify may be the right tool instead. Both require specific pleadings and, ideally, documentation of what actually happened versus what the order required.

Understanding your order’s language line by line — and comparing it to what actually happens month to month — is one of the most useful things a parent representing themselves can do before any hearing.

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