A Standard Possession Order (SPO) is a schedule established under Texas law that outlines when each parent will have possession of and access to their child. In many Texas family law cases, a Standard Possession Order is used when parents cannot agree on a customized schedule or when the court determines that a standard schedule is appropriate.

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A Standard Possession Order is designed to provide children with frequent and continuing contact with both parents while creating a predictable routine for the family.

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What Does a Standard Possession Order Include?

A Standard Possession Order typically addresses:

• Regular weekend possession

• Weekday visitation during the school year

• Holiday schedules

• Spring break possession

• Summer possession

• Pickup and drop-off times

• Transportation responsibilities

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The schedule may vary depending on factors such as the distance between the parents' homes, the child's age, and whether the parents live within or outside of a certain geographic area.

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Who Gets Possession Under a Standard Possession Order?

In Texas, one parent is typically designated as the primary conservator (the parent who has the right to determine the child's primary residence), and the other parent is typically the possessory conservator. However, both parents may still share important rights and responsibilities regarding the child.

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Being named the possessory conservator does not mean a parent has limited rights as a parent. Both parents generally continue to have rights regarding access to information, participation in the child's life, and involvement in important decisions unless the court orders otherwise.

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When Does the Non-Custodial Parent Have Possession?

Under a typical Standard Possession Order, the non-primary parent may have possession:

• On the first, third, and fifth weekends of each month

• On certain weekday evenings during the school year

• On alternating holidays

• During part of the child's summer vacation

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The exact schedule can depend on the version of the Standard Possession Order included in the court's order and the circumstances of the family.

 

Can Parents Agree to a Different Schedule?

Yes. Parents are allowed to agree to a possession schedule that works best for their family, as long as it serves the child's best interests. Many parents choose arrangements that provide equal parenting time, accommodate work schedules, or better fit the child's school and extracurricular activities.

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However, having a written court order is important because it provides clarity and enforcement options if disagreements arise in the future.

 

Can a Standard Possession Order Be Changed?

A Standard Possession Order can be modified if there has been a material and substantial change in circumstances and the requested change is in the child's best interest. Examples of situations that may justify a modification include:

• A parent's work schedule has significantly changed

• The child's needs have changed as they have grown older

• The current schedule is no longer practical

• There are concerns involving the child's safety or well-being

• A parent has relocated

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What If a Parent Does Not Follow the Standard Possession Order?

Court-ordered possession schedules must be followed unless they are changed by agreement or modified by the court. If a parent refuses to allow court-ordered possession or repeatedly fails to follow the schedule, the other parent may seek enforcement through the court.

Possible remedies may include makeup possession, attorney's fees, and other relief available under Texas law.

 

We Can Help

Understanding a Standard Possession Order can be confusing, especially when parents are trying to balance work schedules, school activities, holidays, and the needs of their children. An experienced Texas family law attorney can help you understand your rights, evaluate whether a standard schedule is appropriate, and determine whether a different possession arrangement may better serve your child and your family.