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2025 STANDARD POSSESSION ORDER

2024-Standard-possesion

Unlocking the Texas Standard Possession Order

The Texas Standard Possession Order (SPO) is a guideline established by the Texas Family Code to structure visitation schedules for parents who are divorced or separated. The SPO is designed to ensure that children maintain consistent and meaningful relationships with both parents, while providing clarity and predictability for all parties involved. This blog will walk you through the basics of the SPO, its variations, and how it applies in different family situations.


What Is the Standard Possession Order?

The Standard Possession Order is the default visitation schedule often used in Texas family law cases. It presumes that a child’s best interests are served when they have frequent and ongoing contact with both parents. The SPO sets out detailed provisions for when the noncustodial parent (the parent who does not have primary custody) will have possession of the child.

Under the SPO, the typical schedule for a noncustodial parent includes:

  1. Weekends: The first, third, and fifth weekends of each month, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Sunday (or at the time the child’s school resumes on Monday).
  2. Thursdays: Every Thursday evening during the school year, from 6:00 p.m. to 8:00 p.m.
  3. Holidays: Alternating holidays such as Thanksgiving, Christmas, and Spring Break.
  4. Extended Summer Visitation: Up to 30 days during the summer.

The custodial parent typically has possession of the child at all other times.


Who Does the SPO Apply To?

The SPO applies to parents of children aged three and older. For children under three, the court may implement a modified possession schedule that gradually increases the noncustodial parent’s time with the child as they grow older.

Additionally, the SPO may not be appropriate in situations where:

  • Distance: The parents live more than 100 miles apart.
  • Special Needs: The child has unique needs that require a customized schedule.
  • Safety Concerns: Issues such as domestic violence, abuse, or neglect make the SPO unsuitable.

Modifications for Long-Distance Parenting

When parents live more than 100 miles apart, the Standard Possession Order is modified to account for the increased travel time and expenses. Key differences include:

  • The noncustodial parent may have visitation only once a month instead of every first, third, and fifth weekend.
  • The noncustodial parent may have more extended time during summer and holidays to compensate for the reduced monthly visitation.

Customizing the Standard Possession Order

While the SPO is a helpful starting point, it is not a one-size-fits-all solution. Courts encourage parents to develop their own possession schedules that better suit their unique circumstances. If both parties agree, they can deviate from the SPO by creating a mutually acceptable visitation plan and submitting it to the court for approval.


Enforcing the Standard Possession Order

Once a possession order is in place, it is legally binding. If one parent fails to comply with the terms, the other parent can file a motion to enforce the order in court. Possible remedies for noncompliance include:

  • Make-up visitation time.
  • Fines and penalties.
  • Contempt of court proceedings.

Frequently Asked Questions

1. Can the SPO be modified? Yes, the SPO can be modified if both parents agree or if there is a material and substantial change in circumstances that warrants a revision. The court must approve any modifications.

2. What happens if the child doesn’t want to visit the noncustodial parent? The possession order must still be followed unless it is modified by the court. However, the child’s wishes may be considered in certain circumstances, particularly if the child is 12 years old or older.

3. How does the SPO affect child support? Child support obligations are separate from possession schedules. A parent must comply with the SPO regardless of whether child support is being paid.


Final Thoughts

The Texas Standard Possession Order provides a clear framework for parenting time, but it is not the only option available. Whether you need to negotiate a custom possession plan, enforce an existing order, or request modifications, understanding your rights and obligations is key to ensuring the best outcome for your family.

If you have questions about the SPO or need assistance with your family law case, reach out to a qualified family law attorney. An experienced attorney can help you navigate the complexities of child custody and visitation in Texas.

SAMPLE COURT ORDERS

 

 

 

2025 Standard Possession Order Calendar  Download

ABOUT MICHAEL BUSBY JR.

Michael Busby Jr. is a divorce & family law attorney, who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 20 years and has tried over 300 cases. He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.
Our office is open until 7:00 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.
6100 Corporate Dr. Suite 190 Houston,
Texas 77036
(713) 974-1151 Visit me on the web at www.busby-lee.com

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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.