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What Is The Standard Possession Order?

John Moon

Explanation of Standard Possession Order

A Standard Possession Order is probably the most common child custody orders in Texas. This article discusses the details of a Standard Possession Order to help you better understand if an SPO is a good fit for your case. 

The Texas Family Code states (in Section 153.252) that a Standard Possession Order is presumed to be in the best interest of the children absent any other facts to the contrary. In many situations, the Standard Possession Order will probably be what the Court will order if there is no evidence to overcome the presumption outlined above. This article discusses what the Standard Possession Order is and how it can impact your relationship with your children. 

What is a Standard Possession Order?

The Standard Possession Order is actual spelled out in full in the Texas Family Code. The full text of the Standard Possession Order is set out below. The Texas Family Code provides a standard possession order for parents who live within 100 miles of each other or over 100 miles of each other. The terms are different depending on how close the parents live to each other.

Parents Residing 100 Miles or Less From Each Other:

  • Evenly divided holidays between both parents.
  • The non-primary parent gets at least two weekends a month.
  • The non-primary parent gets at least two hours on Thursdays, during weeks not in possession.
  • The non-primary parent gets at least 30 days during the summer.
  • School holidays can extend a parent’s visitation by one day before or after the scheduled visit days.

Parents Residing More Than 100 Miles From Each Other:

  • The non-primary parent may choose the first, third, or fifth weekend of the month throughout the year.
  • The non-primary parent gets to choose one weekend per month with at least two weeks notice.
  • The one weekend per month must be made in writing within 90 days after the parties begin to live more than 100 miles apart.

General Standard Possession Order Terms

  • Weekends starting at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.
  • Thursdays during the school year starting at 6:00 p.m. and ending at 8:00 p.m.
  • From 6:00 p.m. to 8:00 p.m. on the child’s birthday.
  • Fathers have possession for Father’s Day from 6:00 p.m. on the Friday before Father’s Day until 6:00 p.m. on Father’s Day. Mothers have the same period for Mother’s Day.
  • On even-numbered years: Parent A has the child during Spring Break and Christmas (until Dec. 28) and Parent B has the child for Thanksgiving.
  • In odd-numbered years, the holiday schedule is reversed.
  • The parent with visitation has the child for 30 days during the summer. If they give notice before May 1, they can designate the 30 days during the summer when they have possession in up to two separate periods of at least seven days. If no notice is given, they have possession from July 1 until July 31.

What is an Expanded Standard Possession Order?

The Texas Family Code also allows for an expanded possession order if the parents request it and the Court finds it would be in the best interest of the child. In most instances, the expanded order will be granted if requested, but you need to speak with an attorney to determine the specific facts in your case.

An expanded possession allows the parent to pick up for weekend possession at the time school is regularly dismissed, instead of at 6:00 p.m. The weekend ends when the child is dropped off at school on Monday, instead of at 6:00 p.m. on Sunday. Instead of two hours every Thursday, there is an overnight visitation every Thursday.

Differences in Standard Possession for Less Than 100 miles and More Than 100 Miles?

The possessory parent has visitation every spring break when the parents live farther apart, instead of every other spring break when the parents live near each other. Similarly, summer visitation is expanded to 42 days, instead of 30 days. Finally, if a parent is unable to visit on the first, third, and fifth weekend due to distance, the possessory parent may choose any one weekend per month for visits.

Closing

It is important to know what a Standard Possession Order is so you know whether it will work for you and your child. Texas Family Law is very complex and often times frustrating. We are here to help! Going through a custody fight, even if you're the one filing, can seem daunting and stressful. Remember to keep your head up and seek quality help and advice. You will get through this!

Our law firm is standing by to help and answer any questions you may have. Send us an email or call (713) 999-9398.

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Full Text of Standard Possession Order

Standard Possession Order

1.  IT IS ORDERED that each conservator must comply with all terms and conditions of this Standard Possession Order (SPO). This SPO is effective immediately and applies to all periods of possession occurring on and after its signing.

a.       Definitions. In this SPO, the terms below have the following meanings:

(1)       “School” means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides.

(2)       “Child” includes each child, whether one or more, who is a subject of this suit.

b.       Primary Possession. (PRIMARY CONSERVATOR) has the right to possession of the child at all times not specifically awarded in this SPO to (SECONDARY CONSERVATOR) or otherwise mutually agreed to by the parties.

c.       Mutual Agreement or Specified Terms for Possession. Each conservator may have possession of the child at times mutually agreed to in advance by all parties or, in the absence of mutual agreement, has the right to possession of the child under the specified terms set out in this SPO.

d.       Periods of Possession.

(1)       Parents Reside 100 Miles or Less Apart – Periods of Possession by (SECONDARY CONSERVATOR). Except as otherwise provided in this SPO, (SECONDARY CONSERVATOR) has the right to possession of the child as follows when he resides 100 miles or less from the child’s primary residence:

[a]     Weekends. On weekends, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

[c]     Weekend Possession Extended by Holiday During School Term. If (SECONDARY CONSERVATOR)’s weekend period of possession coincides with a student holiday or teacher in-service day that falls during the regular school term, as determined by the school in which the child is enrolled, his weekend possession begins at 6:00 p.m. on Thursday for a Friday holiday and ends at 6:00 p.m. on Monday for a Monday holiday.

[d]     Weekend Possession Extended by Holiday Outside School Term. If (SECONDARY CONSERVATOR)’s weekend period of possession coincides with a federal, state, or local holiday during the summer months in which school is not in session, his weekend possession begins at 6:00 p.m. on Thursday for a Friday holiday and ends at 6:00 p.m. on Monday for a Monday holiday.

 [e]    Thursdays. On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

[f]     Spring Break in Even-Numbered Years. In even-numbered years, beginning at 6:00 p.m. on the day the child’s school is dismissed for spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

[g]     Extended Summer Possession with Written Notice by April 1. If (SECONDARY CONSERVATOR) gives (PRIMARY CONSERVATOR) written notice by April 1 of each year specifying an extended period or periods of summer possession for that year, (SECONDARY CONSERVATOR) will have possession of the child for 30 days beginning no earlier than the day after the child’s school is dismissed for summer vacation and ending no later than seven days before school resumes at the end of summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession will begin and end at 6:00 p.m. on each applicable day.

[h]     Extended Summer Possession Without Written Notice by April 1. If (SECONDARY CONSERVATOR) does not give (PRIMARY CONSERVATOR) written notice by April 1 specifying an extended period or periods of summer possession for that year, (SECONDARY CONSERVATOR) will have possession of the child for 30 consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

(2)       Parents Reside 100 Miles or Less Apart – Periods of Possession by (PRIMARY CONSERVATOR). Notwithstanding the weekend periods and Thursday periods of possession ordered for (SECONDARY CONSERVATOR) when he resides 100 miles or less from the child’s primary residence, (PRIMARY CONSERVATOR) has the superior right of possession to the child as follows:

[a]     Spring Break in Odd-Numbered Years. In odd-numbered years, beginning at 6:00 p.m. on the day the child’s school is dismissed for spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

[b]     Summer Weekend Possession. If (PRIMARY CONSERVATOR) gives (SECONDARY CONSERVATOR) written notice by April 15 of each year, (PRIMARY CONSERVATOR) will have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by (SECONDARY CONSERVATOR) in that year, provided that (PRIMARY CONSERVATOR) picks up the child from and returns the child to (SECONDARY CONSERVATOR).

[c]     Extended Summer Possession. If (PRIMARY CONSERVATOR) gives (SECONDARY CONSERVATOR) written notice by April 15 of each year or 14 days’ written notice on or after April 16 of each year, (PRIMARY CONSERVATOR) may designate one weekend beginning no earlier than the day after the child’s school is dismissed for summer vacation and ending no later than seven days before school resumes at the end of summer vacation, during which an otherwise scheduled weekend period of possession by (SECONDARY CONSERVATOR) will not take place in that year, provided that the designated weekend does not interfere with (SECONDARY CONSERVATOR)’s period or periods of extended summer possession or with Father’s Day.

(3)       Parents Reside More Than 100 Miles Apart – Periods of Possession by (SECONDARY CONSERVATOR). Except as otherwise provided in this SPO, (SECONDARY CONSERVATOR) has the right to possession of the child as follows when he resides more than 100 miles from the child’s primary residence:

[a]     Weekends. Unless (SECONDARY CONSERVATOR) elects the alternative period of weekend possession, (SECONDARY CONSERVATOR) has the right to possession of the child on weekends , beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

[c]     Alternative Weekend Possession. Instead of the weekend possession, (SECONDARY CONSERVATOR) has the right to possession of the child no more than one weekend per month of (SECONDARY CONSERVATOR)’s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. (SECONDARY CONSERVATOR) may elect this alternative period of weekend possession by giving written notice to (PRIMARY CONSERVATOR) within 90 days after the parties begin to reside more than 100 miles apart. If (SECONDARY CONSERVATOR) makes this election, (SECONDARY CONSERVATOR) must give (PRIMARY CONSERVATOR) 14 days’ written or telephone notice before a designated weekend.

[d]     Weekend Possession Extended by Holiday During School Term. If (SECONDARY CONSERVATOR)’s weekend period of possession coincides with a student holiday or teacher in-service day that falls during the regular school term, as determined by the school in which the child is enrolled, his weekend possession begins at 6:00 p.m. on Thursday for a Friday holiday and ends at 6:00 p.m. on Monday for a Monday holiday.

[e]     Weekend Possession Extended by Holiday Outside School Term. If (SECONDARY CONSERVATOR)’s weekend period of possession coincides with a federal, state, or local holiday during the summer months in which school is not in session, his weekend possession begins at 6:00 p.m. on Thursday for a Friday holiday and ends at 6:00 p.m. on Monday for a Monday holiday.

[f]     Spring break. Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

[g]     Extended Summer Possession with Written Notice by April 1. If (SECONDARY CONSERVATOR) gives (PRIMARY CONSERVATOR) written notice by April 1 of each year specifying an extended period or periods of summer possession for that year, (SECONDARY CONSERVATOR) will have possession of the child for 42 days beginning no earlier than the day after the child’s school is dismissed for summer vacation and ending no later than seven days before school resumes at the end of summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession will begin and end at 6:00 p.m. on each applicable day.

[h]     Extended Summer Possession Without Written Notice by April 1. If (SECONDARY CONSERVATOR) does not give (PRIMARY CONSERVATOR) written notice by April 1 specifying an extended period or periods of summer possession for that year, (SECONDARY CONSERVATOR) will have possession of the child for 42 consecutive days in that year beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27.

(4)       Parents Reside More Than 100 Miles Apart – Periods of Possession by (PRIMARY CONSERVATOR). Notwithstanding the weekend periods of possession ordered for (SECONDARY CONSERVATOR) when he resides more than 100 miles from the child’s primary residence, (PRIMARY CONSERVATOR) has the superior right of possession to the child as follows:

[a]     Summer Weekend Possession. If (PRIMARY CONSERVATOR) gives (SECONDARY CONSERVATOR) written notice by April 15 of each year, (PRIMARY CONSERVATOR) will have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by (SECONDARY CONSERVATOR) in that year, provided that (PRIMARY CONSERVATOR) picks up the child from and returns the child to (SECONDARY CONSERVATOR). If a period of extended summer possession by (SECONDARY CONSERVATOR) exceeds 30 days, (PRIMARY CONSERVATOR) may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period.

[b]     Extended Summer Possession. If (PRIMARY CONSERVATOR) gives (SECONDARY CONSERVATOR) written notice by April 15 of each year, (PRIMARY CONSERVATOR) may designate 21 days beginning no earlier than the day after the child’s school is dismissed for summer vacation and ending no later than seven days before school resumes at the end of summer vacation (to be exercised in no more than two separate periods of at least seven consecutive days each) during which (SECONDARY CONSERVATOR) may not have possession of the child, provided that the period or periods designated do not interfere with (SECONDARY CONSERVATOR)’s period or periods of extended summer possession or with Father’s Day. These periods of possession will begin and end at 6:00 p.m. on each applicable day.

(5)       Holidays Unaffected by Distance – Periods of Possession by (SECONDARY CONSERVATOR). (SECONDARY CONSERVATOR) has the right to possession of the child as follows:

[a]     Thanksgiving in Odd-Numbered Years. In odd-numbered years, beginning at 6:00 p.m. on the day the child’s school is dismissed for Thanksgiving and ending at 6:00 p.m. on the following Sunday.

[b]     Christmas Holidays in Even-Numbered Years. In even-numbered years, beginning at 6:00 p.m. on the day the child’s school is dismissed for Christmas vacation and ending at noon on December 28.

[c]     Christmas Holidays in Odd-Numbered Years. In odd-numbered years, beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that vacation.

[d]     Child’s Birthday. If (SECONDARY CONSERVATOR) is not otherwise entitled under this SPO to possession of the child on the child’s birthday, (SECONDARY CONSERVATOR) will have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that (SECONDARY CONSERVATOR) picks up the child from (PRIMARY CONSERVATOR)’s residence and returns the child to the same place.

 [e]    Father’s Day. Each year, beginning at 6:00 p.m. on the Friday before Father’s Day and ending at 6:00 p.m. on Father’s Day. If (SECONDARY CONSERVATOR) is not otherwise entitled under this SPO to possession of the child, he must pick up the child from (PRIMARY CONSERVATOR)’s residence and return the child to the same place.

(6)       Holidays Unaffected by Distance – Periods of Possession by (PRIMARY CONSERVATOR). Notwithstanding the weekend periods and Thursday periods of possession by (SECONDARY CONSERVATOR), (PRIMARY CONSERVATOR) has the right to possession of the child as follows:

[a]     Thanksgiving in Even-Numbered Years. In even-numbered years, beginning at 6:00 p.m. on the day the child’s school is dismissed for Thanksgiving and ending at 6:00 p.m. on the following Sunday.

[b]     Christmas Holidays in Odd-Numbered Years. In odd-numbered years, beginning at 6:00 p.m. on the day the child’s school is dismissed for Christmas vacation and ending at noon on December 28.

[c]     Christmas Holidays in Even-Numbered Years. In even-numbered years, beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that vacation.

[d]     Child’s Birthday. If (PRIMARY CONSERVATOR) is not otherwise entitled under this SPO to possession of the child on the child’s birthday, (PRIMARY CONSERVATOR) will have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that (PRIMARY CONSERVATOR) picks up the child from (SECONDARY CONSERVATOR)’s residence and returns the child to the same place.

 [e]    Father’s Day. Each year, beginning at 6:00 p.m. on the Friday before Father’s Day and ending at 6:00 p.m. on Father’s Day. If (PRIMARY CONSERVATOR) is not otherwise entitled under this SPO to possession of the child, he must pick up the child from (SECONDARY CONSERVATOR)’s residence and return the child to the same place.

[e]     Mother’s Day. Each year, beginning at 6:00 p.m. on the Friday before Mother’s Day and ending at 6:00 p.m. on Mother’s Day. If (PRIMARY CONSERVATOR) is not otherwise entitled under this SPO to possession of the child, she must pick up the child from (SECONDARY CONSERVATOR)’s residence and return the child to the same place.

e.       General Terms & Conditions. Except as otherwise provided in this SPO, the following terms and conditions of possession of the child apply regardless of the distance between the residences of a parent and the child:

(1)       Surrender of Child When (SECONDARY CONSERVATOR)’s Possession Begins. (PRIMARY CONSERVATOR) must surrender the child at his residence to (SECONDARY CONSERVATOR) at the beginning of each period of (SECONDARY CONSERVATOR)’s possession. If a period of possession begins when the child’s school is regularly dismissed and the child is in school, (PRIMARY CONSERVATOR) must surrender the child at the beginning of each period of possession to (SECONDARY CONSERVATOR) at the school in which the child is enrolled.

 (2)      Surrender of Child When (SECONDARY CONSERVATOR)’s Possession Ends. (SECONDARY CONSERVATOR) must surrender the child at his residence to (SECONDARY CONSERVATOR) at the end of each period of possession. If a period of possession ends when the child’s school resumes and the child is in school, (SECONDARY CONSERVATOR) must surrender the child at the end of each period of possession to (PRIMARY CONSERVATOR) at the school in which the child is enrolled.

 (3)      Surrender of Child When (PRIMARY CONSERVATOR)’s Possession Begins. If the child is in (SECONDARY CONSERVATOR)’s possession, he must surrender the child to (PRIMARY CONSERVATOR) at the beginning of each period of (PRIMARY CONSERVATOR)’s possession at the place designated in the SPO.

(4)       Return of Child When (PRIMARY CONSERVATOR)’s Possession Ends. If (SECONDARY CONSERVATOR) is entitled to possession, (PRIMARY CONSERVATOR) must return the child at the end of his period of possession to (SECONDARY CONSERVATOR) at the place designated in the SPO.

(5)       Personal Effects. Each conservator must return with the child the personal effects that the child brought at the beginning of the period of possession.

(6)       Designation of Competent Adult. Each conservator may designate any competent adult to pick up or return the child. A conservator or a designated competent adult must be present when the child is picked up or returned.

(7)       Inability to Exercise Possession. Each conservator must give notice to the other conservator in possession of the child on each occasion that the conservator will be unable to exercise his or her right of possession for any specified period.

(8)       Written Notice. Written notice, including notice provided by e-mail or fax, will be deemed to have been timely made if received or postmarked before or at the time the notice is due.

 (9)      Notice to School. If a conservator’s time of possession of a child ends when school resumes and for any reason the child is not or will not be returned to school, that conservator must immediately notify the school and the other conservator that the child will not be or has not been returned to school.