A standard possession order (SPO) is a court-approved schedule. It outlines when each parent has the right to spend time with their child. In Texas, an SPO provides structure and predictability for families. Whether you’re going through a divorce, establishing paternity, or modifying an existing custody arrangement, understanding how a standard possession order works is important. Higdon, Hardy & Zuflacht, L.L.P. helps San Antonio families understand and implement these orders with compassion and solid legal guidance.
Why Choose Higdon, Hardy & Zuflacht, L.L.P. for Your Possession Order Needs
When facing custody matters, you need an attorney who understands the law. You also need someone who appreciates the emotional difficulty of family situations. At Higdon, Hardy & Zuflacht, L.L.P., our family law attorneys have substantial knowledge of the Texas Family Code. We approach every case with compassion.
We recognize that each family’s situation is unique. We do not apply a one-size-fits-all approach. Instead, we work with you to understand your specific circumstances. We work to develop a possession order that supports your family’s needs and the child’s best interests consistent with Texas law. Whether you need to establish a new order, modify an existing one, or address disputes about compliance, our firm offers comprehensive legal guidance. Additionally, we provide alternative dispute resolution options, including mediation and arbitration, when appropriate. These services can help families reach agreements without the stress of courtroom litigation.
Understanding the Standard Possession Order Basics
What Exactly Is a Standard Possession Order?
A standard possession order is a court-ordered schedule. It specifies when the noncustodial parent has the right to possess and access their child. The noncustodial parent is the parent without primary custody. The order establishes dates, times, and locations for custody transitions. This reduces the uncertainty that can lead to conflict between parents.
Texas Family Code § 153.252 establishes a legal presumption. The law presumes that a standard possession order serves the best interests of children who are three years old or older. This presumption reflects the Texas Legislature’s view that standard possession orders provide structure that can help children during and after parental separation.
Why Texas Courts Often Use Standard Possession Orders
Texas courts frequently use standard possession orders for several reasons. They provide stability and predictability for children by establishing a consistent schedule. They can reduce parental conflict by creating clear expectations about when each parent will have time with the child. They also create an enforceable legal framework. If one parent violates the order, the other parent may seek relief through the family court.
How Standard Possession Orders Work in Texas
The Basic SPO Schedule (When Parents Live 50 Miles or Less Apart)
When parents live within 50 miles of each other, the standard possession order commonly includes the following schedule:
- Thursday evenings: The noncustodial parent has possession beginning when school is dismissed on Thursday, with possession ending when school resumes on Friday under the Expanded Standard Possession Order (ESPO) options.
- Weekend possession: The noncustodial parent has possession on the 1st, 3rd, and 5th weekends of each month, typically from Friday after school until Sunday at 6 p.m.
- Holiday schedule: Specific holidays alternate between parents each year. Some holidays rotate while others remain consistent.
- Summer vacation: The noncustodial parent has an extended period of possession during the summer months (often around 30 days, subject to the terms of the order).
- Flexibility: Parents can agree in writing to modify the schedule without returning to court, although formal, long-term changes generally require court approval.
Modified Schedules for Distance
When parents live more than 100 miles apart, the standard possession order adjusts to account for travel time and distance. The weekend schedule may be reduced to one weekend per month instead of three. Mid-week visits are usually not included because of the distance involved. However, the noncustodial parent generally receives extended summer possession, which can be up to 42 days, to help maintain the parent-child relationship. Spring break may also be designated for the noncustodial parent.
Key Components of a Standard Possession Order
A standard possession order typically addresses several important elements:
- Custody designation: Identifies which parent has primary custody and major decision-making authority
- Specific possession dates and times: Lists dates and times for all regular possession periods
- Holiday and special occasion schedules: Specifies which parent has the child on holidays, birthdays, and other significant dates
- Summer vacation arrangements: Details the noncustodial parent’s extended possession period
- Transportation and exchange logistics: Addresses where and how the child will be exchanged between parents
- Communication expectations: Provides guidelines for how parents will communicate about the child
- Modification procedures: Explains how either parent can request changes if circumstances change
Standard Possession Orders for Children Under Age 3
The legal framework for children under three years old differs from that for older children. Texas courts recognize that infants and toddlers have particular developmental needs and may benefit from more frequent, shorter contact with both parents.
For children under three, possession schedules often involve shorter, more frequent visits. Overnight stays may be limited depending on the circumstances. Courts may focus on maintaining parent-child bonding through regular contact. In some cases, breastfeeding or other health considerations can affect the scheduling arrangement. Courts may also order supervised possession if there are concerns about a parent’s ability to provide safe care, such as a history of family violence or substance abuse.
Frequently Asked Questions About Standard Possession Orders
Can parents modify a standard possession order?
Yes, parents can modify a standard possession order in two main ways. They can agree in writing to temporary or informal changes without court involvement. They can also seek a formal modification through the family court if circumstances have changed substantially. Examples of changes that may justify modification include relocation for employment, significant changes in work schedules, or changes in the child’s needs. Higdon, Hardy & Zuflacht, L.L.P. can help you evaluate potential modifications and, when needed, present your request to the court.
What happens if a parent violates the possession order?
If a parent violates the possession order, the other parent may request enforcement through the court. In some cases, violations can result in contempt proceedings, which may include fines or, in serious situations, jail time. The family court can also consider modifying the custody or possession arrangement if one parent consistently disregards the order. A family law attorney can help you pursue enforcement options and work to protect your time with your child.
Is a standard possession order the same as custody?
No. Custody (often called “conservatorship” in Texas) refers to decision-making authority, such as decisions about the child’s education, healthcare, and religious upbringing. Possession refers to physical time with the child. A parent can have possession rights without having primary decision-making authority, and vice versa. Family court orders typically address both conservatorship and possession.
How Higdon, Hardy & Zuflacht, L.L.P. Can Help
At Higdon, Hardy & Zuflacht, L.L.P., we understand that possession orders are more than legal documents; they shape day-to-day life for you and your child. We work with you to:
- Explain standard possession orders so you understand your rights and obligations
- Negotiate possession schedules that fit your family’s situation
- Draft or modify possession orders to reflect your specific circumstances
- Represent you in court if disputes arise
- Provide mediation services to help you and the other parent reach agreements where possible
- Draft orders that comply with Texas Family Code requirements
Our family law attorneys have experience with Texas possession orders and related custody issues and guide clients through each stage of the process.
Next Steps: Getting Legal Guidance
If you’re facing a custody or possession matter in San Antonio, you do not have to manage it on your own. Contact Higdon, Hardy & Zuflacht, L.L.P. today to schedule a consultation. During your initial meeting, we will discuss your situation, answer your questions, and outline options for establishing or modifying a possession order tailored to your circumstances.
Call (210) 349-9933 to speak with one of our family law attorneys.
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