Family Law

What Is a Standard Possession Order?

By Ted Smith, Attorney · Originally published November 30, 2020. Updated July 16, 2026.

A Standard Possession Order (SPO) is the default custody and visitation schedule Texas courts use when parents cannot agree on their own. Under Texas Family Code § 153.252, the law presumes an SPO is in the best interest of any child age 3 or older, and it sets out exactly when each parent has the child: certain weekends, one weeknight during the school year, alternating holidays, and an extended period in the summer.

If you are working through a divorce or a Suit Affecting the Parent-Child Relationship (SAPCR) in Bell County, understanding the SPO schedule before you sign anything matters. It becomes the rule book both parents are legally required to follow, and it is enforceable in court if one parent stops complying. Ted Smith began practicing law in 1976, and the summer and holiday rules can be confusing once families actually try to live by them.

How the Schedule Works Within 100 Miles

Texas now distinguishes between parents who live 50 miles or less apart, 51 to 100 miles apart, and more than 100 miles apart. For cases filed after September 1, 2021, Texas Family Code § 153.3171 provides election and default options for parents who live 50 miles or less apart, including schedules tied to school dismissal and resumption. The 51-to-100-mile schedule generally includes the first, third, and fifth weekends, one evening each week during the school year, alternating holidays, and extended summer possession. The applicable schedule depends on the distance, any election, the filing date, and the signed order.

How the Schedule Changes Beyond 100 Miles

When parents live more than 100 miles apart, the weekday visit generally falls away, but the possessory conservator can choose between keeping the standard weekend rotation or selecting one weekend per month with at least 14 days’ written or telephone notice. Holidays stay on the same alternating pattern. The summer period is extended to give the long-distance parent more consolidated time, since weekly visits are not practical.

For a full breakdown of summer scheduling under both distance categories, see our companion article on summer visitation under the Texas Standard Possession Order.

Holidays Under the Standard Possession Order

The SPO also sets a fixed holiday rotation that operates independently of the regular weekend schedule and generally overrides it when the two conflict. Holidays like Thanksgiving, winter break, and spring break alternate between parents year to year, and certain days, such as Father’s Day and Mother’s Day, are reserved for the respective parent regardless of whose regular weekend it would otherwise be. Because the exact holiday rotation is specific to each order, always check the holiday section of your signed order rather than assuming a general pattern applies to your family.

Do You Have to Use an SPO?

No. Parents can agree to a different arrangement, sometimes called a modified possession order, that better fits their family’s real schedule, work demands, or a parent’s military service. Courts generally give deference to an agreement both parents reach, as long as it serves the child’s best interest. This flexibility matters for Fort Hood families juggling PCS moves, field exercises, and deployment timelines that don’t fit neatly into a standard calendar. See our military families page for more on how service commitments intersect with family and legal matters.

Children Under Three

The presumption that an SPO is appropriate does not apply to children younger than 3. Texas Family Code § 153.254 directs the court to weigh a longer list of factors instead, including caregiving history, the child’s developmental needs, each parent’s availability, and the effect of separation from either parent. If parents of a child under 3 cannot agree, the judge builds a custom schedule using those factors, and the order typically converts to something close to a standard schedule once the child turns 3.

What Happens If the Other Parent Ignores the Order

An SPO is a court order, not a suggestion. If the other parent is not following it, Texas Family Code § 157.002 lets you file a Motion for Enforcement. File in the court with continuing, exclusive jurisdiction unless the case is transferred under the applicable rules. The motion has to plainly state, in ordinary language, which provision was violated, how the other parent failed to comply, and what you’re asking the court to do about it. It also has to be signed by you or your attorney.

A single proven violation can support enforcement if the order is clear and the statutory requirements are met. Document each violation, including the date, time, location, and any witness present.

Frequently Asked Questions

Does an SPO ever expire? The possession order controls until a court modifies it or it otherwise terminates under its terms or applicable law. The child-support rule tied to age 18 or high-school graduation does not automatically extend possession through graduation.

Can we change the schedule later if our situation changes? Yes. Either parent can ask the court to modify the order if there has been a material and substantial change in circumstances.

What county court handles SPO cases for Killeen, Harker Heights, or Temple families? The court with continuing, exclusive jurisdiction handles the case unless a transfer is required or permitted under Texas Family Code § 155.201. The children’s residence alone does not determine the court.

Does military deployment change how the SPO applies? Texas law allows temporary modifications during deployment so a deploying parent doesn’t lose parental rights while serving. Talk to an attorney before deployment orders come down, not after.

Is a Motion to Enforce the same as asking to change custody? No. An enforcement action asks the court to hold the other parent accountable for violating the existing order. A modification asks the court to change the order itself. Both can sometimes be filed together.

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If your possession schedule isn’t being followed, or you need help understanding what your order actually requires, call or text (254) 690-5688 for a consultation, or reach us through our contact page.