LEGAL RESOURCES
What Is a Standard Possession Order in Texas?
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What Is a Standard Possession Order?
One of the most common questions parents ask during a divorce or child custody case is, “What custody schedule will the court order?”
For parents who live relatively close to one another, the answer is often the Standard Possession Order (“SPO”) established by the Texas Family Code. The Legislature has determined that, in most cases, the Standard Possession Order provides reasonable minimum periods of possession while serving the child’s best interest. See Tex. Fam. Code §§ 153.251-153.317.
The Standard Possession Order applies to many custody cases involving children who are three years of age or older, although courts retain discretion to order different schedules when appropriate.
Importantly, the Standard Possession Order is only a presumption. Parents remain free to agree to a different schedule, and courts may order a different schedule when the evidence demonstrates that another arrangement better serves the child’s best interest.
There are Two Versions of the Standard Possession Order
Many parents are surprised to learn that there are actually two different Standard Possession Orders under Texas law.
The first is commonly referred to as the Expanded Standard Possession Order, while the second is often called the Unexpanded Standard Possession Order.
Although both schedules provide substantially the same weekends, holidays, and summer possession, the beginning and ending times for possession differ significantly.
Those differences can add hundreds of additional parenting hours over the course of a year.
The Expanded Standard Possession Order
Under an Expanded Standard Possession Order, weekend possession generally begins when school is dismissed on Friday and continues until school resumes on Monday morning. If school is not in session, the Family Code provides default beginning and ending times.
Likewise, Thursday possession during the school year generally begins when school is dismissed and continues until school resumes Friday morning.
Because the child remains with the possessory conservator overnight on both Thursday and Sunday evenings, the Expanded Standard Possession Order provides substantially more parenting time than the traditional schedule.
For many families, the Expanded Standard Possession Order approaches a nearly equal division of parenting time over the course of a year while still preserving a primary residence for one parent.
The Unexpanded Standard Possession Order
Under the Unexpanded Standard Possession Order, weekend possession generally begins Friday evening and ends Sunday evening rather than continuing through the Monday school drop-off.
Similarly, Thursday possession generally occurs only during the evening hours and does not include an overnight stay.
Although the differences may appear modest at first glance, they substantially reduce the amount of parenting time exercised by the possessory conservator throughout the year.
For that reason, the Expanded Standard Possession Order provides significantly more time with the child than the Unexpanded Standard Possession Order.
The Expanded Standard Possession Order Is Now the Presumption for Parents Living Within Fifty Miles
For parents who reside within fifty miles of one another, Texas law now presumes that the Expanded Standard Possession Order is in the child’s best interest unless the court orders otherwise. See Tex. Fam. Code §§ 153.252 and 153.317.
This reflects the Legislature’s recognition that additional parenting time with both parents is generally beneficial when the parents live close enough to make those exchanges practical.
Of course, every case is different. Parents remain free to agree to another possession schedule, and courts may order a different schedule when the evidence shows that another arrangement better serves the child’s best interest.
Standard Possession Does Not Mean Equal Possession
One of the most common misconceptions is that the Standard Possession Order creates a true 50/50 custody arrangement.
It does not.
Even the Expanded Standard Possession Order designates one parent as having the exclusive right to determine the child’s primary residence. Although the Expanded Standard Possession Order provides substantially more parenting time than the traditional schedule, it is not mathematically equal.
Many parents nevertheless choose true 50/50 possession schedules through agreement, and courts may approve those arrangements when they are in the child’s best interest.
Exchange Locations Are Not Established By the Texas Family Code
Parents are often surprised to discover that the Texas Family Code does not specify where possession exchanges must occur.
The statutes establish the dates and times for possession, but they generally do not dictate whether exchanges occur at a parent’s residence, the child’s school, a police station, a public location, or another agreed location.
As a result, exchange locations are frequently negotiated by the parties or specifically ordered by the court.
In many cases, exchanging the child at school minimizes conflict because one parent drops the child off at school while the other parent picks the child up after school. In other situations, particularly where school is not in session or safety concerns exist, the court may designate another exchange location that is appropriate under the circumstances.
Carefully drafted exchange provisions can significantly reduce conflict between parents and help avoid future misunderstandings.
Parents May Agree to Different Schedules
The Standard Possession Order is not the only parenting schedule recognized under Texas law.
Many families successfully negotiate customized possession schedules that better accommodate rotating work schedules, military service, first responders, healthcare professionals, frequent travel, homeschooling, or other unique family circumstances.
Others elect to share parenting time on a true equal-possession schedule.
Because every family is different, the best possession schedule is often one tailored to the child’s particular needs rather than simply adopting the statutory default.
Fergus & Tomanka Can Help You Develop the Right Parenting Schedule
Determining the appropriate possession schedule is one of the most important decisions made in any child custody case. Whether you are seeking an Expanded Standard Possession Order, negotiating a true 50/50 parenting schedule, addressing exchange locations, or requesting a customized parenting plan, careful drafting can reduce future conflict and provide stability for your child.
At Fergus & Tomanka, we help parents throughout Central Texas negotiate and litigate possession schedules that comply with the Texas Family Code while addressing the unique needs of each family. We work to develop parenting plans that protect your relationship with your child and minimize unnecessary future disputes.
Call (512) 291-6952 to setup a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.