What is a Standard Possession Order in Texas?
Most often orders where children are involved include possession times for each parent and the children. Parenting time, often called “possession orders,” state when the children will be with each parent.
The Texas Family Code provides for a Standard Possession Order (“SPO”) that serves as a parenting plan by which the parents will have to abide if they do not create a possession order of their own. The SPO sets out a schedule for each parent’s time with the children.
Standard Possession Order for when parents live less than 100 miles apart
The parent that the child does not reside with will have a right of possession as follows:
- 1st, 3rd and 5th weekends of each month
- Starts on Friday at 6:00 p.m. through Sunday at 6:00 p.m. (or your order may state from after school Friday until the child returns to school the following Monday)
- weekend possession can sometimes be extended due to a school holiday or in service day
- Thursdays 6 p.m. to 8 p.m. during school year (or your order may state it starts when the child’s school is regularly dismissed and ends when the child’s school resumes the next day)
- Extended summer (30 days), holidays, and every other spring break
Standard Possession Order for when parents live more than 100 miles apart
The parent that the child does not reside with will have a right of possession as follows:
- 1st, 3rd and 5th weekends of each month
- Starts on Friday at 6:00 p.m. through Sunday at 6:00 p.m.
- weekend possession can sometimes be extended due to a school holiday or in service day
- The parent the child does not reside with can choose one weekend per month instead of 1st, 3rd, and 5th weekends with at least two weeks’ advance notice
- The election for one weekend per month must be made in writing
- Extended summer (42 days), holidays, and every spring break
It is important to note that the Texas Standard Possession Order applies if divorcing parties or parties that have split up but have children together cannot formulate their own parenting plan that allows both parents to remain heavily involved in the children’s lives.
***This is general educational information and not intended to provide legal advice.
Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.