Texas standard possession order: the schedule, holidays and expanded times

What is the Texas standard possession order?

The standard possession order, often shortened to SPO, is the schedule written into Subchapter F of Chapter 153 of the Texas Family Code. It sets out when the parent who does not have the child’s primary residence, called the possessory conservator, has the child, and when the parent with primary residence, the managing conservator, has the child instead. In a joint managing conservatorship, the same schedule usually sets the time for the parent who does not decide the child’s primary residence.

Under Section 153.251 of the Texas Family Code, the guidelines in the standard order are meant to guide courts in setting possession for a possessory conservator, and they are the minimum possession for a joint managing conservator. The same section states the policy behind it: Texas encourages frequent contact between a child and each parent, and prefers that all the children in a family be together during periods of possession.

The order has four layers. A weekend and Thursday schedule runs all year. Holidays and spring break override it. Summer has its own rules, which turn on written notice. And a set of general terms covers where exchanges happen and how notice is given. The details of the weekend schedule, spring break and summer change with the distance between the parents’ homes; the holidays do not.

Our guide to Texas custody laws and conservatorship covers the wider framework the possession order sits inside, including how managing and possessory conservators are named.

Who does it apply to, and when is it presumed?

Texas presumes the standard order is right unless someone shows otherwise. Section 153.252 creates a rebuttable presumption that the standard possession order provides reasonable minimum possession for a parent named as a possessory conservator or joint managing conservator, and that it is in the best interest of the child.

The presumption is built for children three and older. Section 153.251(d) says the order is designed to apply to a child three years of age or older, and TexasLawHelp.org’s guide to child visitation and possession orders states it plainly: “In Texas, the law presumes that the Standard Possession Order is in the best interest of a child age three or older.”

A rebuttable presumption can be overcome. When a parent’s work schedule, another special circumstance, or a child’s year-round school calendar makes the standard order unworkable or inappropriate, Section 153.253 directs the court to order periods of possession as similar as possible to the standard ones.

The rules about how far apart the parents live are measured from the possessory conservator’s home to the child’s primary residence. There are three thresholds: 50 miles or less, 100 miles or less, and more than 100 miles.

What is the weekend and Thursday schedule?

When the parents live 100 miles or less apart, the possessory conservator has the child every first, third and fifth weekend of the month, from 6 p.m. Friday to 6 p.m. Sunday, and on Thursdays from 6 to 8 p.m. during the regular school term. That is the core of Section 153.312. The Thursday visit applies unless the court finds it is not in the child’s best interest.

The weekends are counted by Fridays, not by Saturdays or Sundays. A month that starts on a Saturday has its first weekend begin on the first Friday, which falls on the 7th. Months with five Fridays give the possessory conservator a fifth weekend, which is why some months have two weekends in a row with that parent.

School holidays stretch the weekend. Under Section 153.315, when a possession weekend falls next to a student holiday or teacher in-service day on a Monday, as set by the child’s school, the weekend ends at 6 p.m. Monday. When the holiday is on a Friday, the weekend starts at 6 p.m. Thursday. In the summer months, a federal, state or local holiday on a Monday or Friday has the same effect.

Our guide to common custody schedule examples lays the first, third and fifth weekend pattern next to the other schedules parents use, such as alternating weeks.

What is the expanded standard possession order?

The expanded standard possession order uses the same days as the standard order but longer hours: possession starts when school lets out and ends when school starts again. The term is a common name, not a phrase in the statute. The statute calls them alternative beginning and ending possession times, and they are listed in Section 153.317.

A parent can elect those times before or when the possession order is rendered, either in a written document filed with the court or by an oral statement in open court on the record. The court applies the election unless it finds the election is not in the child’s best interest.

Since 2021, a parent living close by does not have to ask. Under Section 153.3171, if the possessory conservator lives no more than 50 miles from the child’s primary residence, the court shall alter the standard order as if that parent had elected the alternative times. TexasLawHelp.org notes that this applies to cases filed on or after September 1, 2021.

The expanded times do not apply in three situations under Section 153.3171(b):

• The possessory conservator declines them, in a written document filed with the court or orally on the record.
• The court is denying, restricting or limiting that parent’s possession in the child’s best interest under Section 153.004.
• The court finds the expanded times are not in the child’s best interest. The statute names examples: the distance between homes makes the schedule unworkable, or before the suit was filed the parent did not frequently and continuously exercise the rights and duties of a parent. The court may also rely on any other reason it considers relevant.

On a party’s request, the court must make findings of fact and conclusions of law about an order under this section.

When possession begins at school dismissal, the handoff happens at the school rather than at a home. That change matters for a parent planning a work day around a Thursday or a Friday.

How are holidays divided?

Holidays override the weekend and Thursday schedule, and Section 153.314 applies them the same way whatever the distance between the parents. Christmas and Thanksgiving alternate by even and odd years, so the year itself tells you who has which holiday.

So in 2026, an even year, the possessory conservator has the first half of the Christmas break and the managing conservator has Thanksgiving. In 2027 they swap.

Three other days follow a person rather than a year:

• The child’s birthday. The parent who would not otherwise have the child that day has the child from 6 to 8 p.m., picking the child up from the other parent’s home and returning the child there.
• Father’s Day. The father, if he is a conservator, has the child from 6 p.m. on the Friday before Father’s Day to 6 p.m. on Father’s Day.
• Mother’s Day. The mother, if she is a conservator, has the child from 6 p.m. on the Friday before Mother’s Day to 6 p.m. on Mother’s Day.

Our guide to building a holiday parenting schedule covers the holidays the Texas order does not name, such as Halloween and Easter, which parents can add by agreement.

How does summer possession work?

Summer turns on a written notice by April 1. Under Section 153.312, a possessory conservator living 100 miles or less away who gives the managing conservator written notice by April 1 has 30 days of summer possession. The days start no earlier than the day after school lets out for summer and end no later than seven days before school resumes. They can be split into at most two blocks of at least seven consecutive days each, and each block begins and ends at 6 p.m.

Without notice by April 1, the default applies: 30 consecutive days from 6 p.m. July 1 to 6 p.m. July 31.

The managing conservator has summer rights too, with a notice date of April 15:

• With written notice by April 15, one weekend from Friday 6 p.m. to Sunday 6 p.m. during the possessory conservator’s summer block, picking the child up and returning the child to the same place. The possessory conservator then has until the 15th day before that Friday to say in writing where the pickup will be.
• With written notice by April 15, or 14 days’ written notice on or after April 16, one summer weekend on which the possessory conservator’s ordinary weekend does not take place. The weekend cannot interfere with that parent’s summer block, or with Father’s Day if the possessory conservator is the father.

Because summer turns on notice dates, the notice itself is worth keeping. Section 153.316 treats written notice, including notice by email or fax, as on time if it is received, or where it applies postmarked, by the date it is due.

Our guide to planning a summer custody schedule covers camps, travel and the other details a summer block raises.

What changes when parents live more than 100 miles apart?

Beyond 100 miles, the order trades weekly contact for longer blocks. Section 153.313 drops the Thursday visit, gives the possessory conservator spring break every year, and raises summer possession to 42 days.

For weekends, that parent can keep the first, third and fifth weekends, or switch to no more than one weekend a month of their choice. That weekend runs from 6 p.m. on the day school recesses for the weekend to 6 p.m. on the day before school resumes, with 14 days’ written or telephonic notice. The choice of the one-weekend option is made by written notice within 90 days after the parents begin living more than 100 miles apart.

Summer works on the same April 1 notice. With notice, the 42 days fall between the day after school lets out and seven days before it resumes, in up to two blocks of at least seven days. Without notice, the default is 6 p.m. June 15 to 6 p.m. July 27.

The managing conservator’s summer rights grow as well. With written notice by April 15, that parent can have one weekend during the possessory conservator’s summer block, or two nonconsecutive weekends if the block runs longer than 30 days. With the same notice, the managing conservator can set aside 21 summer days, in up to two blocks, during which the possessory conservator does not have possession, provided they do not interfere with that parent’s summer block or with Father’s Day.

What about a child under three?

For a child under three there is no presumed schedule. Section 153.254 tells the court to render an order appropriate under the circumstances, after weighing all relevant factors. The statute lists thirteen, among them:

• the caregiving provided to the child before and during the current suit;
• the effect on the child of separation from either party;
• each party’s availability and willingness to personally care for the child;
• the child’s need to develop healthy attachments to both parents, and the child’s need for continuity of routine;
• the location and proximity of the parties’ homes.

The court must also render a prospective order that takes effect on the child’s third birthday, and that order presumptively will be the standard possession order. TexasLawHelp.org puts the practical point this way: “Make sure your order also says what will happen after your child turns three.”

Because the first factor is caregiving before and during the suit, a plain dated account of the feeds, naps, appointments and nights a parent has handled can matter more here than in any other part of the possession order.

Can parents agree to a different schedule?

Yes, in two ways. First, every standard order lets the parents share time on any terms they agree to in advance. Section 153.311 requires the order to say that the parties may have possession at times mutually agreed to in advance, and that the specified terms apply when they do not agree. The schedule is the fallback, not a ceiling.

Second, parents can ask the court for an order that differs from the standard one. Under Section 153.255, the court may render an order that varies from the standard possession order based on the parties’ agreement. TexasLawHelp.org describes the result simply: “A modified possession order is anything different from the Standard Possession Order.” The same guide links to modified order forms for alternating weeks, for split weeks with alternating weekends, and for day visits with no overnights.

An informal agreement that drifts away from the order does not change the order. If the parents later disagree, the written terms apply again, so a parent relying on a different arrangement for months may want it put into a court order.

How do pickups and drop-offs work?

The default exchange is at a home. Under Section 153.316, the managing conservator surrenders the child at the start of each period at the managing conservator’s residence. At the end, the order provides either that the possessory conservator surrenders the child at the possessory conservator’s residence, or that the possessory conservator returns the child to the managing conservator’s residence. When a period starts at school dismissal or ends when school resumes, the exchange happens at the school.

The same section sets several general terms that apply at any distance:

• Each parent returns the personal effects the child brought at the start of the period.
• Either parent may designate a competent adult to pick up or return the child, and a parent or that adult must be present at the exchange.
• A parent who will not be able to use a period of possession gives notice to the person who has the child each time.
• If a period ends when school resumes and the child will not be returned to school, the parent who has the child must immediately notify the school and the other parent.

Our guide to custody exchange rules and logistics covers what a typical order says about lateness, locations and who may attend.

How do you read your order on a calendar?

The order itself is what governs, not the statute. Many orders follow the statute word for word, but parents can agree, and courts can order, different terms, and the expanded times change hours for many families. The starting point is the signed order.

TexasLawHelp.org suggests a short routine: get a copy of the court order and read it, get the child’s school calendar for the current school year, and make a calendar that lists all the possession weekends, holidays and summer time. A copy of the order is available from the district clerk’s office in the county where it was made. The standard order form the state publishes is FM-CHIL-306.

Building that calendar in order of priority avoids most mistakes:

1. Mark the school calendar first: the first and last days of school, spring break, Thanksgiving and the Christmas break, and every student holiday or in-service day on a Monday or Friday.
2. Add the holidays by year, using the even and odd rules.
3. Add the summer block once the April 1 notice is given, or the July default if it is not.
4. Fill in the first, third and fifth weekends and the Thursdays around them, extending any weekend that touches a Monday or Friday school holiday.
5. Add the birthday, Mother’s Day and Father’s Day.

A calendar shows the plan. A record shows what happened. A short note for each of your own periods of possession, written on the day, with when the exchange took place, where, and any notice you gave or received, turns the calendar into an account you can rely on later. Our guide to documenting missed handoffs and late pickups covers what to write when an exchange does not go to plan.

What if the schedule is not followed?

A possession order is a court order, and Texas courts can enforce it. Under Section 157.001, a motion for enforcement can be filed to enforce any provision of a temporary or final order, in the court of continuing jurisdiction, and the court may enforce the order by contempt.

Such a motion has to be specific. Section 157.002(c) says a motion to enforce possession or access “must include the date, place, and, if applicable, the time of each occasion of the respondent’s failure to comply with the order.” That is the reason dated notes kept at the time are useful: the motion needs each date, place and time, not a general description.

Withholding time is not a remedy for unpaid support. TexasLawHelp.org answers the question directly: a parent must still allow court-ordered visits when the other parent stops paying child support, and can be held in contempt for not allowing them. Support and possession are enforced separately. The guide also lists the Access and Visitation Hotline, 866-292-4636, for questions about enforcing a possession order.

When the schedule itself no longer fits, the answer is a modification rather than enforcement. Under Section 156.101, a court may modify a possession order if it is in the child’s best interest and the circumstances of the child or a party have materially and substantially changed since the order, or a child 12 or older has told the judge in chambers which parent the child prefers to have the exclusive right to designate the primary residence, or the conservator with that right has voluntarily given up the child’s primary care for at least six months.

Our guide to documenting contempt of a custody order covers how a record of missed periods is usually organized. Our guide to how custody modification works explains the change-in-circumstances standard in more detail.

What this guide does not cover

• County standing orders and local rules, which some Texas counties apply to exchanges and temporary possession while a case is pending.
• Supervised possession, and orders that restrict or deny possession under Section 153.004 because of family violence or other concerns.
• How a particular court weighs the best-interest factors, or what schedule a judge is likely to order in your case. A Texas family law attorney can answer that for your facts.
• Older orders. Orders rendered before the 2021 changes, or in cases filed before September 1, 2021, may use different terms, and the wording of your own order controls.

Frequently asked questions

References

Law firm pages are cited for the quoted passages only.

• Texas Legislature. (n.d.). Texas Family Code § 153.251, Policy and General Application of Guidelines. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.252, Rebuttable Presumption. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.253, Standard Possession Order Inappropriate or Unworkable. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.254, Child Less Than Three Years of Age. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.255, Agreement. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.311, Mutual Agreement or Specified Terms for Possession. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.312, Parents Who Reside 100 Miles or Less Apart. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.313, Parents Who Reside More Than 100 Miles Apart. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.314, Holiday Possession Unaffected by Distance Parents Reside Apart. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.315, Weekend Possession Extended by Holiday. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.316, General Terms and Conditions. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.317, Alternative Beginning and Ending Possession Times. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 153.3171, Beginning and Ending Possession Times for Parents Who Reside 50 Miles or Less Apart. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 156.101, Grounds for Modification of Order Establishing Conservatorship or Possession and Access. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 157.001, Motion for Enforcement. Retrieved from https://statutes.capitol.texas.gov/
• Texas Legislature. (n.d.). Texas Family Code § 157.002, Contents of Motion. Retrieved from https://statutes.capitol.texas.gov/
• TexasLawHelp.org. (2026). Child Visitation and Possession Orders. Retrieved from https://texaslawhelp.org/
• Naman, Howell, Smith & Lee, PLLC. (2020). What is the Standard Possession Order?. Retrieved from https://www.namanhowell.com/
• Hargrave Family Law. (2024). 2025 Texas Standard Possession Calendar. Retrieved from https://hargravefamilylaw.com/