What is a Standard Possession Order?
Going through a custody case in Texas? Whether you are divorced or separated, a standard possession order will be presumed to be best if you have shared custody. A Standard Possession Order (SPO) in Texas is a court-ordered schedule that outlines how separated or divorced parents will share time with their child. It establishes specific days, times, holidays, and summer vacation arrangements to ensure consistency and fairness. The SPO typically applies when the child is over the age of three and assumes both parents live within 100 miles of each other. It effectively serves as the default schedule, but it is not right for every case. Parents can make adjustments. Here, our Pearland child custody attorney explains what a standard possession order is in Texas.
Understanding the Standard Possession Order
The Attorney General of Texas explains that a standard possession order (SPO) is the default schedule the court uses to allocate parenting time in custody (conservatorship) cases. Notably, Texas does not officially use the term “custody.” Instead, you will hear about the concept of a conservatorship, but it is largely the same idea. Here are key aspects of the standard possession order in Texas:
- The noncustodial parent typically has the child on the first, third, and fifth weekends of each month;
- The noncustodial parent typically has the child on Thursday evenings during the school year; and
- The noncustodial parent typically has the child for alternating holidays and extended time during summer break.
The SPO is a Default; it is Not Right for Every Case
It is important to clarify that the SPO in Texas is considered largely to be a legal default. In other words, it is the starting point for courts in shared custody cases. It is not a one-size-fits-all solution that is designed to solve every situation. While it provides a structured schedule for parenting time, it may not meet the needs of every family. Factors like a child’s age, special needs, school schedule, or a parent’s work hours can make the SPO impractical or even disruptive. Courts have the authority to modify the schedule if it is not in the child’s best interests.
Many Divorced/Separated Parents Create Their Own Customized Time-Sharing Schedule
Many divorced or separated parents in Texas choose to create their own customized time-sharing schedule instead of relying solely on the Standard Possession Order. It is an approach that allows them to design a plan tailored to their child’s unique needs, school calendar, and extracurricular activities. There can also be adjustments due to the parents’ work commitments.
Beyond that, custom agreements can include flexible pick-up and drop-off times, shared holidays, or adjusted summer breaks. As long as both parents agree and the arrangement supports the child’s best interests, courts will generally approve it. A well-crafted custom schedule can reduce conflict, promote cooperation, and provide a more balanced, predictable routine for the child. A Pearland, TX child custody lawyer can help you negotiate an agreement that is best suited for your situation.
Contact Our Pearland, TX Child Custody Lawyer Today
At John Powell III, P.C., our Pearland child custody attorney is committed to protecting the rights of parents. If you have any questions about the standard possession order, please do not hesitate to contact us today for a completely confidential consultation. With an office in Pearland, we handle custody and visitation cases throughout the region in Southeast Texas.