If you are divorcing or separating in Texas and have children, you will almost certainly hear about the "Standard Possession Order," or SPO. It is the default visitation schedule set out in the Texas Family Code, and it is used in a huge number of custody orders, including many in Seguin and the rest of Guadalupe County. This guide explains how it works in plain English.
The schedule below describes the general rules. Your own court order controls, and orders often include changes the parents agreed to. Always read your order carefully.
Who the SPO applies to
The SPO sets the time for the parent who does not have the right to decide the child's primary residence. That parent is often called the noncustodial parent (in the order, the "possessory conservator" or the joint managing conservator without the right to designate residence). The other parent has the child at all other times.
Texas presumes the SPO is in the best interest of a child 3 or older. For children under 3, the court considers a schedule appropriate for the child's age, which may look different. Parents can also agree to any schedule they want, and the SPO usually applies only when they can't agree.
The basic Standard Possession Order (parents within 100 miles)
| Period | Standard schedule |
|---|---|
| Weekends | 1st, 3rd and 5th weekends of each month, Friday 6:00 p.m. to Sunday 6:00 p.m. |
| Thursdays | Every Thursday during the school year, 6:00 p.m. to 8:00 p.m. |
| Spring break | Even-numbered years |
| Thanksgiving | Odd-numbered years |
| Christmas break | Split at noon on December 28; the halves alternate each year |
| Summer | 30 days (designated by written notice by April 1, otherwise July 1 to July 31) |
| Mother's Day / Father's Day | The weekend goes to the mother or father, respectively |
A few details that confuse people:
- "1st, 3rd and 5th" is counted by Fridays. The first weekend of a month is the weekend that starts on the first Friday of that month.
- Holidays override the regular schedule. If it's your Thanksgiving, you have it even if it falls on the other parent's weekend.
- Weekends that touch a school holiday or a federal or state holiday on Friday or Monday may be extended under the order.
- The parent with primary residence also gets some summer rights, such as a weekend during the other parent's summer time, if they give proper notice.
- The child's birthday: the parent who doesn't otherwise have the child gets a short visit on the birthday.
To see how this lays out on a real calendar, use our Standard Possession Order calendar.
The Expanded Standard Possession Order
The Expanded SPO gives the noncustodial parent longer overnight periods by tying the start and end times to school. Since September 1, 2021, the Expanded SPO is the default when the parents live within 50 miles of each other, unless the noncustodial parent chooses the regular schedule or the court finds the expanded schedule isn't in the child's best interest.
| Period | Standard SPO | Expanded SPO |
|---|---|---|
| Weekend start | Friday 6:00 p.m. | When school lets out Friday |
| Weekend end | Sunday 6:00 p.m. | When school resumes Monday |
| Thursday | 6:00 p.m. to 8:00 p.m. | Overnight: when school lets out Thursday until school resumes Friday |
| Holidays | Holiday periods often start when school lets out instead of at 6:00 p.m. | |
The Expanded SPO means more school pickups and drop-offs by the noncustodial parent, and fewer direct exchanges between parents. Many families find that reduces conflict.
When parents live more than 100 miles apart
If the parents live more than 100 miles from each other, the schedule changes so that travel is more manageable:
- Weekends: the noncustodial parent can choose either the 1st, 3rd and 5th weekends, or one weekend per month of their choice with advance notice.
- No Thursday visits, since they aren't practical at that distance.
- Spring break every year instead of alternating.
- 42 days in the summer instead of 30.
If you're thinking about moving, see moving with children after a Texas divorce.
Notice deadlines that matter
The SPO has written-notice deadlines, especially for summer. If the noncustodial parent wants specific summer dates, they generally must give written notice by April 1. If they don't, the default period applies. The parent with primary residence also has notice deadlines for their own summer rights. Put these dates in your calendar each year, and keep copies of the notice you send.
Is the SPO the only option?
No. The SPO is a minimum and a default, not a requirement. Parents can agree to:
- A week-on, week-off schedule.
- A 2-2-5-5 or 2-2-3 rotation.
- A custom schedule built around shift work, military duty or a child's activities.
Many orders also include a sentence like "and at any other times mutually agreed to by the parties." That gives flexibility, but if you stop agreeing, the written schedule controls. A good co-parenting routine makes flexible schedules easier to keep.
What if the other parent doesn't follow the schedule?
Possession orders can be enforced. Repeated denial of court-ordered possession can lead to an enforcement action, including make-up time, attorney's fees and, in some cases, contempt. Keep a written record of each missed or denied exchange. Remember that visitation and child support are separate: a parent can't withhold the child because support wasn't paid, and can't stop paying because visits were denied.
Attorney Jesus R. Lopez helps Seguin-area parents set up workable schedules and enforce or change existing ones. Visit our child custody lawyer page or modification and enforcement page to learn more.
Frequently asked questions
What time do weekend visits start under the Texas SPO?
Under the regular SPO, weekends run from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Under the Expanded SPO, they run from when school lets out Friday until school resumes Monday.
Who gets Thanksgiving under the Standard Possession Order?
The noncustodial parent typically has Thanksgiving in odd-numbered years and the parent with primary residence has it in even-numbered years. Check your own order, since parents can agree to change it.
How is Christmas split?
Christmas break is generally divided at noon on December 28, with the parents alternating which half they get each year.
Does the SPO apply to babies and toddlers?
For children under 3, the court considers a schedule appropriate for the child's age, which may include shorter or more frequent visits and may step up to the full SPO as the child gets older.
Have questions about your situation? Talk with a Seguin child custody lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.