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What Is the Standard Possession Order in Texas Child Custody?

When parents in Southlake separate, the most frequent question we hear involves the calendar. Parents want to know exactly when they will see their children and how the state defines a fair split of time. In the Texas legal system, the baseline for these arrangements is a specific, court-ordered schedule known as the Standard Possession Order (SPO).

If you are navigating a divorce or a Suit Affecting the Parent-Child Relationship (SAPCR) in Tarrant County, understanding the standard possession order in Texas child custody, known as conservatorship, is vital for your planning. This order serves as the default framework that Texas judges believe is in the best interest of most children aged three and older, according to Texas Family Code § 153.251.

The Basics of the Standard Possession Order

The SPO is designed to provide stability. It removes the guesswork by setting specific dates, times, and locations for when a child moves between parents. In Texas, we generally refer to the parent with whom the child lives most of the time as the Managing Conservator (or primary parent) and the parent with visitation rights as the Possessory Conservator.

While the law allows parents to agree on any schedule they like, the SPO acts as the safety net. If you and the other parent cannot agree on a specific weekend, the terms of the SPO dictate the outcome.

The Traditional 1st, 3rd, and 5th Weekend Schedule

For parents living within 100 miles of each other, such as those moving between Southlake and nearby cities like Grapevine or Keller, the SPO generally follows a predictable weekend pattern. The Possessory Conservator has the right to possession on the first, third, and fifth Fridays of a month.

These periods typically begin at 6 p.m. on Friday and end at 6 p.m. on the following Sunday. It is a common misconception that this is an every-other-weekend arrangement; because some months have five Fridays, the Possessory Conservator may occasionally have two weekends in a row.

Expanded Standard Possession Order (ESPO)

Texas law recently made the Expanded Standard Possession Order the default for parents living within 50 miles of each other, provided it is in the child’s best interest. This version provides significantly more time to the non-primary parent by utilizing school schedules rather than fixed clock times.

Under an ESPO, the weekend might start when school dismisses on Friday and continue until school resumes on Monday morning. It also often includes an overnight stay on Thursday nights during the school year. This shift allows both parents to participate in the child’s school routine, including homework and morning drop-offs.

Holiday and Summer Break Rotations

The SPO contains specific rules for holidays that override the regular weekend schedule. This ensures that both parents have opportunities to celebrate major events with their children over the years.

  • Thanksgiving: Parents usually alternate this holiday. One parent takes the child in even-numbered years, and the other in odd-numbered years.
  • Christmas: The holiday is split into two halves. One parent has the child from the day school dismisses until noon on December 28, and the second parent has the child from noon on the 28th until the day before school resumes.
  • Summer: The non-primary parent typically receives 30 days of extended possession in the summer. If that parent provides written notice by April 1, they can choose the specific dates. Without notice, the default is July 1 through July 31.

Rules for Parents Living Over 100 Miles Apart

When the distance between homes increases, the logistics of a 1st, 3rd, and 5th weekend schedule often become impractical for the child. For parents living more than 100 miles apart, the law provides different options to maintain the parent-child bond.

The non-primary parent may choose to keep the weekend schedule or elect to have one weekend per month. Additionally, they are typically granted every spring break and an extended summer visit of 42 days rather than 30.

Navigating the Tarrant County Court System

If you live in Southlake, your custody case will likely be heard at the Tarrant County Family Law Center at 200 East Weatherford in downtown Fort Worth. The judges there expect parents to follow the SPO precisely unless a custom schedule is proven to be better for the child’s specific needs.

Because traffic on Highway 114 or the Texas 170 can be unpredictable, we often advise parents to be specific in their orders about exchange locations. The SPO usually requires the exchange to happen at the primary parent’s residence, but parties can agree on a neutral site if that reduces conflict.

Why the Wording of Your Order Matters

A possession order is a legally binding document. If one parent fails to follow the times or locations listed, they may be held in contempt of court. We focus on ensuring that the language in your decree is clear enough to avoid future litigation while remaining flexible enough to accommodate your family’s growth.

Whether you are seeking the traditional SPO or believe your situation requires a modified schedule, we are here to provide the local perspective and legal clarity you need.

At the Law Office of Dana L. White, PLLC, we understand that nothing is more personal than your relationship with your children. Our team serves families in Southlake and across North Texas with a focus on creating sustainable, clear custody arrangements. We advocate for schedules that protect your time and your child’s well-being. To discuss your specific situation with us, please call 817-512-1580.