What is a Standard Possession Order (SPO) in Texas?

Are you a parent going through a divorce or separation in Houston or elsewhere in Texas? You may need to work out custody as part of your case. In Texas, custody is referred to as a conservatorship. Parents who share custody rights need a time-sharing schedule. If one parent has primary physical custody of the child (possession), Texas courts start with the presumption that a Standard Possession Order (SPO) is appropriate for a time-sharing schedule. Here, our Houston child custody lawyer explains the key things that parents should know about the SPO in Texas.

Standard Possession Order: Defined 

Broadly defined, a Standard Possession Order in Texas is a court-ordered schedule that outlines when each parent will have possession of and access to their child. Notably, the SPO is presumed to be in the best interest of the child for parents who live within 100 miles of each other. Under Texas law (Tex. Fam. Code § 153.002), all custody and visitation matters are resolved with consideration to what is best for the health, safety, and well-being of the child. The SPO typically grants the noncustodial parent visitation of the child(ren):

• On the first, third, and fifth weekends of each month;
• On Thursday evenings during the school year; and
• For extended time during holidays and summer.

Note: ​When Texas parents live more than 100 miles apart, the Standard Possession Order (SPO) adjusts to accommodate the distance. The noncustodial parent can choose between the traditional first, third, and fifth weekend visits or opt for one weekend per month with at least 14 days’ notice to the custodial parent. Beyond that, the non-custodial parent is generally entitled to every spring break and 42 days of summer visitation under the SPO in Texas.

Parents Have Broad Discretion to Negotiate Non-Standard Time-Sharing 

Every family is unique. The SPO may simply not be the right schedule for you, your co-parent, and your children. Parents in Texas have the flexibility to negotiate a parenting schedule that differs from the Standard Possession Order (SPO) if they can agree on terms that serve the best interests of the child. Courts generally encourage cooperative co-parenting and will approve customized schedules as long as both parties consent and the plan supports the child’s well-being. These non-standard agreements can accommodate unique work schedules, travel needs, or the specific developmental needs of the child. If you have any specific questions about negotiating a non-standard child time-sharing schedule, our Houston custody lawyer can help.

The Bottom Line: The SPO sets the default framework for custody and visitation schedules—but you and your family can always work out a customized arrangement.

Contact Our Houston Child Custody Attorney for a Confidential Consultation 

At Lindamood & Robinson, P.C., our Houston child custody lawyer is committed to helping parents find the best solution. If you have any questions about standard possession orders, please do not hesitate to contact our legal team today for completely confidential, no strings attached initial consultation. From our Houston family law office, we serve clients throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm