How Does the Standard Possession Order Work in Texas?

Once a Texas possession and access schedules question moves from which parent has legal rights to when each parent actually has the child, the Standard Possession Order provides a statutory framework for determining possession and access in many Texas cases. At Hicks Family Lawyers, we treat the schedule as a planning tool, not a rulebook to fight over, structuring possession terms that hold up as a family's circumstances change.

What the Standard Possession Order Is

Possession and access describe when a child physically stays with each parent, a separate question from how Texas courts define and allocate each parent's decision-making rights, which is decided through conservatorship rather than through the possession schedule.

The Standard Possession Order is the schedule Texas courts apply by default for a parent named a joint managing conservator who does not have the exclusive right to designate the child's primary residence, or for a possessory conservator in a sole managing conservatorship case.

The Default Weekday and Weekend Schedule

For a parent who lives 100 miles or less from the child's primary residence, the standard schedule provides possession on the first, third, and fifth weekends of each month, along with a Thursday evening period during the regular school term, subject to the statutory start and end times.^[1]

This weekday and weekend pattern repeats throughout the year and forms the backbone of the schedule; holidays and summer possession then modify or supersede specific dates within it.

Expanded Standard Possession Explained

For parents who live more than 50 but no more than 100 miles apart, a conservator may elect alternative beginning and ending times under Tex. Fam. Code § 153.317, such as beginning weekend possession when school is dismissed and extending certain periods until school resumes.^[2]

When the possessory conservator lives 50 miles or less from the child's primary residence, Tex. Fam. Code § 153.3171 generally requires the court to use those expanded beginning and ending times unless the conservator declines them or another statutory exception applies.^[3]

Holidays and Summer Possession

Holiday provisions establish separate possession periods that affect how the regular weekend and weekday schedule applies during those periods. The Standard Possession Order sets rotating rules for Christmas break, Thanksgiving, and fixed time for Mother's Day and Father's Day regardless of the regular schedule.^[4]

For parents who live 100 miles or less apart, the possessory conservator generally receives 30 days of extended summer possession. Written notice by April 1 allows the conservator to designate the permitted summer dates; without timely notice, the statutory period generally runs from July 1 through July 31.^[5]

Parents who live more than 100 miles apart follow a separate summer possession framework under Tex. Fam. Code § 153.313 that allows a longer extended summer period, reflecting the added travel and coordination that distance requires.^[6]

When Courts Deviate From the Standard Schedule

Courts do not apply the Standard Possession Order automatically in every case. If a parent's work schedule, the child's year-round school calendar, or another special circumstance would make the standard order unworkable, the court instead grants a schedule as similar as possible to it.^[7]

For a child under three years of age, the Standard Possession Order does not automatically apply. The court instead considers the statutory factors and the child's best interest when establishing possession. The court must also render a prospective possession order that takes effect on the child's third birthday, which is presumptively the Standard Possession Order.^[8]

Building a Schedule That Fits Your Family

The Standard Possession Order is a starting point, not a mandate. Parents can agree to a different schedule, and courts will deviate from the standard order when the family's actual circumstances call for it.

We help parents evaluate whether the standard schedule, an expanded version of it, or a customized arrangement best fits their work patterns, their child's school, and the distance between homes, then structure an order that is specific enough to prevent future disputes.

Frequently Asked Questions