The Standard Possession Order (SPO) is a default visitation schedule defined by the Texas Family Code that is used in the vast majority of Texas divorce cases involving children. It is extremely detailed and lengthy and is one of the main reasons that divorce decrees in cases with children are usually 30 to 40 pages long. The Standard Possession Order statute is Texas Family Code Section 153.3101 through 153.317.
Every order has its own particular provisions, so please refer to the specifics of your own order for guidance if you have one. Also note that all of the terms are subject to alteration, either by negotiation or court order. This article is designed to give a brief overview of the statute and how its key provisions work when the standard language is used without tweaking. Here are some of the key provisions of the Standard Possession Order, as applied to parents who live within 100 miles of each other (the statute is somewhat different for those that live more than 100 miles apart).
Weekend Visitation
The non-primary parent has weekend periods of possession beginning on the first, third, and fifth Fridays of each month. Note that not every month has a fifth Friday, but for those that do it means that the non-primary parent will have possession for two consecutive weekends (a fifth Friday in a month will always be followed by a first Friday on the following month).
The beginning time of the weekend period can either by 6:00 p.m. or when school is dismissed. The ending time of the weekend period can either be 6:00 p.m. on Sunday or Monday morning when school resumes, depending on which election is made by the non-primary parent. If the period begins when school ends on Friday the non-primary parent is responsible for picking the child up from school and if the period ends on Monday morning the non-primary parent is responsible for delivering the child to school.
Thursday Visitation
The statute provides for the non-primary to have visitation every Thursday during the school year. The standard visitation is just a dinner period, from 6:00 p.m. on Thursday until 8:00 p.m. that same day. However, the non-primary parent can elect to extend that visitation to begin as early as school dismissal on Thursday and to end at school resumption on Friday morning. In effect, this gives the non-primary parent the option to have at least one overnight per week and avoids going the extended period of time between weekend visitation periods without having the child overnight.
Holiday Visitation
I recommend you check the language in your order if you have one for all specific provisions that apply to your situation, or the language of the statute if you do not, and this is especially true for holiday visitation. Holiday periods are probably modified more than any other area of the Standard Possession Order schedule because every family is different and has different holiday traditions. Also, please note that the holiday periods trump the weekend and Thursday visitation periods. In other words, if there is a conflict the holiday schedule applies, not the weekend or Thursday schedules.
Summer – Generally, the non-primary parent gets 30 days in the summer. There are a number of ways this period can be scheduled under the SPO, with certain restrictions. The 30 days can be exercised in either one or two periods of at least ten days each. The non-primary parent is required to notify the other parent in writing of the summer schedule by April 1. If no notice is given then the default period is July 1 through July 31. There are a number of restrictions and details that are too lengthy to discuss in this post so see your order for the specific requirements in your case.
Christmas – In alternating years each parent gets either the first half or the second half of the Christmas break.The Christmas break is defined as beginning at either 6:00 p.m. on the day school is dismissed for the break or at the time of school dismissal, depending on whether the extension election is made. The break ends either at 6:00 p.m. the day before school resumes or at the time school reconvenes. The exchange time (the break between the two halves) is noon on December 28th. The non-primary parent gets the first half of Christmas during even-numbered years and the second half during odd-numbered years.
Thanksgiving – In odd-numbered years the non-primary parent has possession during the Thanksgiving break. In even-numbered years Thanksgiving goes to the primary parent.
Spring Break – In even-numbered years the non-primary parent has possession during Spring Break. In odd-numbered years this period goes to the primary parent.
Mother’s & Father’s Day weekends – Moms get possession of the child during the Mother’s Day weekend and dads get possession of the child during the Father’s day weekend.
Child’s Birthday – For the parent that does not have regularly scheduled possession of the child on the child’s birthday, that parent gets possession from 6:00 p.m. to 8:00 p.m. on that day.
So that is a somewhat brief overview of the Texas Standard Possession Order language. Again, please refer to your order and the language of the actual statute (and get advice from a lawyer) if you have specific questions regarding your situation.
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I know this may sound stupid, but do pets qualify under this provision as well? We split and got a dog in the process. I’m the one who found him and took care of him most the time, but he really likes the dog too… it’s just not fair. To me, this is MY CHILD.
Hi P, this is actually a fairly common issue in divorces with pets but no children. As crass as it may sound, under Texas law the pet is considered property to be divided. However, it is not unusual to have an agreement with a visitation schedule for the pet and terms on who is responsible for what expense.
My ex is making the time with kids harder, as she’s trying to push extracurriculars and a number of other things onto them, purposely taking time away from me. Is there a good way I can step in and take charge of the situation? i just can’t stand that I don’t get to see my kiddos grow up. They’re mine too!
Peter you should talk to a divorce lawyer about the specifics of what your wife is doing and have them review the terms of your Decree. The basic rule is that the visitation schedule controls and the other parent doesn’t get to infringe on your time by scheduling extracurriculars that conflict with it. However, you should consider the overall situation as well, for example a kid who plays soccer is often going to have practices and games that conflict with both parents access schedules. Every situation is different which is why I think you need to consult with a lawyer for specific advice on your situation.
Does this same visitation schedule apply for a child that is under 1yr of age whose non-primary parent lives over 100 miles away?
Ultimately the visitation schedule that applies is the one detailed in your Decree. The Standard Possession Order is just a statutory guideline. It is used very often, but the judges have discretion to deviate from it.
Please help clear up some confusion: Regarding the Christmas holiday, based on our (50/50) Order this year I had my son the 2nd half (Dec 28th -> 6 PM the eve before school began). His school did not resume until TUESDAY, so the ‘holiday’ period officially ended right when my normal period of possession on Monday evening began (i.e. 6 pm). Was his mother supposed to get him that evening regardless, even though the holiday period officially was over, or was I correct to keep him since the normal schedule was officially back in effect?
JP, since you describe your visitation order as “50/50″ it is definitely not a standard possession order schedule and it has been customized for your case. In order for a lawyer to give you good advice on exactly what is required by the visitation language of your Decree the lawyer would need to carefully review that language. Based on the confusion you are having I would recommend having the Decree reviewed by your original lawyer or some other good divorce lawyer.
I am a divorced mom with 2 children and my bf is a divorced dad with 1 child. We have spend a lot of time with each others kids and we love each other alot. However, coming from broken marriages we are both very hesitant to jump to that at this time. We have discussed moving in together but he believes he has a morality clause in his divorce decree. He, of course, does not have a copy of the decree with him and his ex refuses to give him a copy. That being said, they used the standard forms for divorce and custody of their son. His ex has primary possession and he gets standard visitations. My question is…Is the morality clause a STANDARD clause in Texas divorce?
Sandi, a “morality clause” (also called a no overnight opposite sex visitor clause) is a very common clause in Texas divorces, but I would not call it standard. It is not specifically referenced in the Standard Possession Order statutory language or anywhere else in the Family Code that I am aware of. However, it is very common, frequently agreed to, and generally judges will enforce these provisions as they will other issues that are in a court order.
I love my child Cyrus , he is so beautiful. I am the father. I know she hold him for nine month but that is not mean she is better than me to provide him the things he needs. I believe he can have better life with me than his mother. I know the judge usually give the baby to his mother in Texas. He is 7 months old and i love him so much that i can not bring it to the words. She did not let me see my child at all at this past month and 6 more days we are going to court is there any chance that i can get full custody from her. I know we both good for him but i believe i can better for him than her.
Or atleast get more visitation with him more than that wat yall call idk teh standard visitation. I want to see him equal as her. I am 20 and she is 18. is there any way i can get to be equal with her to see my child?
Ben every situation is different but the best advice I can give is to get a good experienced family law attorney to represent you to ensure that you get as much possession time and involvement in your child’s life as you can. Good luck!
Mr. Morgan,
My Spouse and I are doing an uncontested divorce. I filed the petition. Can I (or we) write our own visitation agreement instead of using the Standard Visitation. Thank you for any help you can offer. I sincerely appreciate it.
Hi Ann – there is nothing in the Family Code that prohibits you and your husband from agreeing to a different visitation schedule. The Code makes the SPO presumptively in the children’s best interest but as long as you can convince a judge that a different schedule is in the best interest of the children then it is possible to be as creative as you like. That being said I would discourage you from trying to reinvent the wheel. Visitation schedules are surprising complicated and difficult to write (typically about 10 pages of the Decree) so if you want something different because the SPO doesn’t fit the particular circumstances you should consult with a good divorce attorney. When someone comes to me with this issue I usually find the best solution is to tweak the SPO and make minor changes to it rather than start from scratch. I hope this helps.
I am needing help on what is actually considered a HOLIDAY. When my daughter is being returned to me I understand that if it follows a holiday that I am suppose to get her at a different pick up place. My decree states the following, During School Term: At HEB store in ??????, Texas. When that Child is Not in School and During Holidays: At ??? Sheriff’s Department. What dates does a common divorce decree mean as holidays? I was understanding Christmas, Thanksgiving, Child’s Birthday, Mother’s Day, Father’s Day and Srping Break. Please help me with this matter.
Thanks, Ben
I am recently divorced and am very confused on the summer possession schedule. My ex-husband did not let me know by 4/1 the dates he would like them for 30 days. Therefore he gets them 7/1 – 7/31. I know I get one weekend during that time, but he said he doesn’t have to tell me where he’s taking them and if I want to see them, I will just have to fly to wherever they are. Even if that’s the case, does he not have to tell me his plans before 4/15 so I can make arrangements?? Thanks for any info you can provide.
I have full custody of my child and my ex gets him on the 1st 3rd and 5th weekend. It is my turn to have her for Christmas break. Christmas breaks starts 12/20/13, which is also her birthday. Since it is my Christmas break, do i have to let her see him on her birthday?
Basically, does Christman supercede her birthday and his right? It is only a big deal because we are going on vacation and he wants me to stay in town so he gets his 2 hours on her birthday.
Please help…
Hi Kim, I have actually never seen this come up as an issue before. Frankly, I don’t believe that the statutory Standard Possession Order language gives an answer to this question. It does make clear that holiday periods (birthdays are included in this section) do have priority over weekends, but I know of no statutory provision or case law that gives an answer to your question. Hopefully you have a situation where you can informally work something out with your ex to reach a mutually agreeable result. Sometimes offering an extra day or an agreement that you will be accomodating for him in the future will work.
Can a non primary parent take the children out of the county on his weekend visits with his children?
Hi Karen, as always it depends on the specific language of your order. But unless there is a provision in your order prohibiting it (this is very rare) the parties are allowed to take the children out of the county and even the state during there periods of possession.