Standard Possession Order in Texas: What Parents Need to Know (2026 Update)

When parents separate or divorce, one of the first and most important questions is how time with their child will be divided. Standard possession order in Texas provides a baseline visitation schedule under state law. This framework is designed to promote stability, predictability, and ongoing involvement from both parents, while still allowing flexibility when a child’s needs require something different.

The Texas standard possession order applies to thousands of custody cases every year. Yet many parents are surprised by how detailed it is, how much discretion judges retain, and how easily it can be misunderstood.

This 2026 update explains how the standard possession order works, when it applies, and how it may affect your parenting time, including expanded schedules and long-distance situations.

What Is a Standard Possession Order (SPO) in Texas?

A standard possession order (SPO) is a court-ordered schedule that outlines when each parent has the right to physical possession of their child. Under Texas law, the SPO is presumed to be in a child’s best interest for parents who live relatively close to one another, unless evidence shows that a different arrangement would better serve the child.

Purpose of The Standard Possession Order in Texas

The goal of a standard possession order is not to “favor” one parent over the other. Instead, it serves several practical and legal purposes:

• Creates a predictable parenting schedule that the child can rely on
• Reduces conflict by clearly defining possession and access
• Provides a consistent baseline that courts can apply statewide
• Encourages meaningful involvement from both parents

In most cases, judges start with the SPO and then evaluate whether adjustments are necessary based on the child’s best interests.

When Does a Standard Possession Order Apply?

A Texas court typically applies a standard possession order when:

• Parents cannot agree on a custom visitation schedule
• Both parents live within 100 miles of each other
• The child is at least three years old
• No evidence shows that the SPO would be harmful or unworkable

If parents can agree on a different arrangement and the court finds it serves the child’s best interests, the judge may approve an alternative schedule instead of the standard one.

Custodial vs. Non-Custodial Parents Under an SPO

The standard possession order in Texas governs when the possessory conservator has physical possession of the child. Courts use the following legal designations:

• The custodial parent has primary custody and gets the children 60% of the time.
  
• The non-custodial parent gets the children for about 40% of the time. This includes one weekday evening visit each week and alternating weekends.

In many cases, parents are named joint managing conservators, meaning they share certain rights and duties, even though one parent may still determine where the child primarily lives.

Parents navigating these designations often benefit from the guidance of an experienced Austin family law attorney, particularly when conservatorship rights or visitation schedules are disputed.

Key Elements of the Standard Possession Order

The Texas standard possession order follows a detailed structure that outlines weekend, weekday, holiday, and summer possession. While this schedule may look rigid at first glance, it is intended to reduce conflict and provide clarity for both parents and children.

Under Texas custody laws, the parent with possession rights is entitled to the following baseline schedule when both parents live within 100 miles of each other.

Typical Standard Possession Order Schedule

This structure gives parents a clear understanding of when exchanges occur and minimizes ambiguity that could otherwise lead to disputes.

Start and End Times Matter

Texas courts allow two primary methods for determining possession start and end times:

• 6:00 PM – 6:00 PM exchanges, or
• School-based exchanges, which begin at school dismissal and end when school resumes

School-based exchanges are often preferred because they reduce parent-to-parent contact and help maintain the child’s routine.

Judicial Discretion and Customization

Although the standard possession order is presumed reasonable, judges are not required to apply it mechanically. Courts may modify possession terms when:

• A child has special needs
• A parent’s work schedule conflicts with standard times
• Safety or stability concerns exist
• Parents mutually agree to adjustments

Parents involved in these situations should consult an Austin child custody lawyer to request modifications that align with the child’s best interests.

Expanded Standard Possession Order: What It Means & Who It Applies To

In addition to the traditional schedule, Texas law allows for an expanded standard possession order, which provides additional parenting time to the possessory conservator.

What Is an Expanded Standard Possession Order?

An expanded SPO builds upon the traditional framework by increasing weekday access. Instead of a short Thursday evening visit, the possessory conservator typically receives an overnight visit, returning the child to school the following morning.

This option is addressed in Texas Family Code § 153.317 and is often elected unless a parent objects and demonstrates that the arrangement would not be in the child’s best interest.

How Expanded Possession Changes Parenting Time

Key differences include:

• Thursday possession becomes an overnight visit
• Fewer transitions for the child during the school week
• Increased consistency and involvement for the possessory conservator

While parents often search for an “expanded standard possession order Texas percentage,” the law does not assign a fixed percentage of time. In practice, expanded possession generally results in approximately 43–45% of parenting time, depending on holidays and summer elections. (This figure is an estimate rather than a statutory guarantee.)

Standard vs. Expanded SPO Comparison

Expanded possession reflects the Texas Legislature’s recognition that increased, consistent contact with both parents often benefits children, provided it supports their overall well-being.

Possession Schedules When Parents Live Over 100 Miles Apart

When parents live more than 100 miles apart, Texas courts recognize that the traditional weekend-based schedule may no longer be practical. In these cases, a different version of the Texas standard possession order over 100 miles applies, balancing the child’s need for meaningful contact with both parents against the realities of long-distance travel.

How Long-Distance Possession Typically Works

Under some long-distance SPO orders, the possessory conservator receives:

• One weekend per month, rather than three
• Extended summer possession, often up to 42 days
• Alternating holiday periods, with flexible election options

This structure reduces the need for frequent travel while preserving substantial blocks of parenting time.

Travel and Transportation Considerations

Texas law allows courts to address:

• Which parent is responsible for transportation
• How travel costs are allocated
• Exchange locations and times

Because long-distance arrangements can create logistical and financial strain, courts retain broad discretion to tailor possession orders to the child’s best interests. In some families, extended relatives or grandparents may have rights to help facilitate visitation.

Can a Standard Possession Order Be Modified?

A common misconception is that a standard possession order is permanent. In reality, child custody in Texas is always subject to modification if circumstances change.

Legal Standard for Modification

To modify a standard possession order in Texas, the requesting parent must generally show:

• A material and substantial change in circumstances since the last order, and
• That the proposed modification is in the child’s best interest

Examples of qualifying changes may include:

• Relocation of a parent
• Significant changes to a work schedule
• The child’s evolving educational or medical needs
• Safety or stability concerns

Age-Based Considerations

Texas courts often exercise greater flexibility when children are under the age of three. Judges may deviate from the standard schedule to support bonding, breastfeeding, or developmental needs, then transition toward a more traditional SPO as the child grows older.

Court Discretion Always Applies

Even when parents agree that a modification is necessary, the court must approve the change. Judges evaluate:

• The child’s emotional and physical needs
• Each parent’s ability to cooperate
• The overall stability of the proposed schedule

Because modification cases can be fact-intensive, parents often seek guidance from a family law attorney to present evidence effectively and avoid unintended consequences.

Talk to Texas Family Law Attorney Ben Carrasco About Your Visitation Rights

A standard possession order in Texas may look straightforward on paper, but real-life custody situations rarely are. Parenting schedules must account for work demands, school calendars, a child’s changing needs, and the practical realities of co-parenting. When disagreements arise or circumstances change, relying solely on a default schedule can create unnecessary conflict or limit meaningful time with your child.

At the Law Office of Ben Carrasco, we help parents understand how Texas custody laws apply to their specific situation and how possession orders can be enforced or modified when appropriate. With extensive experience handling child custody and visitation matters across Texas, our firm provides clear guidance rooted in the Texas Family Code and real-world courtroom practice.
Parents often contact us for help with:

• Understanding their rights as a possessory or managing conservator
• Enforcing an existing standard possession order
• Seeking expanded possession or schedule adjustments
• Addressing long-distance custody challenges
• Modifying court orders after a material change in circumstances

If you have questions about the 2026 standard possession order in Texas or are facing a custody dispute, speak with an experienced Austin family law attorney today. Confidential consultations are available. We will help you make informed decisions that protect both your rights and your child’s best interests.

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