Understanding Possession Schedules in Texas Family Law

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Understanding Possession Schedules in Texas Family Law

In Texas, possession schedules (also known as visitation schedules) determine when each parent will have time with their children after a separation or divorce. The Texas Family Code provides several standard possession schedules that are centered on the distance between the parties’ residences. However, certain additional elections and choices may be made by many parents,  and parents can also agree on customized schedules to fit their unique circumstances. Here’s a detailed look at the most common possession schedules in Texas.

1. Standard Possession Order (SPO)

The Standard Possession Order is the most common and sort of “default” schedule applied by Texas courts. It provides a balanced structure aimed at maintaining strong relationships between the children and both parents. The Standard Possession Order is divided into different guidelines for parents living within and beyond 100 miles of each other.

For Parents Living Within 100 Miles:

  • Weekends: The non-custodial parent has the children on the first, third, and fifth weekends of each month, Friday evening to Sunday evening (subject to the Additional Elections below).
  • Weekdays: The non-custodial parent has the children on Thursday evenings during the school year.
  • Holidays: The parents alternate holidays such as Thanksgiving and Christmas.
  • Extended Summer Possession: The non-custodial parent can have the children for 30 days during the summer.
  • Additional Elections for “Expanded Standard Possession” : A parent being awarded a Standard Possession Order and residing within 100 miles of the child’s primary residence may elect to “extend” or “expand” the Thursday weekly and regular weekend periods of possession to be overnight periods of possession, returning the child to school the next day rather than exchanging directly with the other parent the evening before. Unless a Judge makes a specific finding that these elections are not in the child’s best interests, the Court must expand the schedule if that election is made. In fact, if the parent receiving the Standard Possession Order resides within 50 miles or less of the child’s primary residence, then the Court is to assume and order the available expanded overnight periods automatically, again, unless there is a specific finding that this is not in the child’s best interests.

For Parents Living More Than 100 Miles Apart:

  • Choice Regarding Regular Weekend Possession: The non-custodial parent can choose to have either the regular, first, third and fifth weekends as outlined in the “Under 100 Miles” Standard Possession Order above, or can have the children one weekend per month of their choosing with advance notice to the other parent. More often than not, and especially when the distance is notably more than 100 miles, most parents opt for the “one weekend per month” routine and choose weekends involving school holidays.
  • Extended Summer Possession: The non-custodial parent can have the children for up to 42 days during the summer.
  • Holidays: Holidays remain the same under the Standard Possession Order regardless of the distance between residences.

2. 50/50 Possession Schedules

50/50 schedules are becoming more common. In cases where parents agree to a more equal division of time, a 50/50 possession schedule can be implemented and there are a number of options. Depending on your county and your specific judge, you may be able to get a 50/50 schedule ordered by the judge. 50/50 schedules can take various forms, including:

  • Week-On, Week-Off: The child spends one week with one parent and the following week with the other parent. This is often regarded as the simplest 50/50 schedule, and is more commonly implemented when the children are a bit older.
  • 2-2-3 or 2-2-5 Schedule: During the regular week, the child spends two days with one parent, two days with the other parent, and then the parents alternate who gets the child each weekend. These schedules are implemented more often when the children are younger and more frequent contact with both parents is important.
  • 3-4-4-3 Schedule: One week, the child spends three days with one parent and then four days with the other, then the next week, the child spends four days with the first parent, and then three days with the other.

These 50/50 schedules require high levels of cooperation and communication between parents and are often considered when both parents live close to each other.

3. Custom Possession Schedules

Parents can also agree on custom possession schedules tailored to their specific needs and circumstances. These schedules can consider various factors such as parents’ work schedules, the children’s school and extracurricular activities, and the distance between the parents’ homes. Since Courts are often inclined to order schedules that are well known by judges and lawyers, your best chance of getting a highly customized possession schedule is via a settlement and usually one achieved at mediation.

4. Supervised Possession

In certain cases where there are concerns about the child’s safety or wellbeing, the court may order supervised visitation. This means the non-custodial parent can only visit the child in the presence of a third party (sometimes a trusted family friend, relative, or neighbor, but sometimes a paid professional). This arrangement is often temporary, with the goal of addressing and resolving the underlying issues.

Factors Influencing Possession Schedules

When determining possession schedules, the primary consideration is the best interest of the child. Texas courts consider several factors, including:

  • The age and needs of the child
  • Where each parent resides
  • The parents’ ability to communicate and cooperate
  • Each parent’s involvement in the child’s life
  • The child’s preference, depending on age and maturity
  • Stability and continuity for the child

Conclusion

Understanding possession schedules is crucial for parents navigating custody arrangements in Texas. While the Standard Possession Order provides a baseline, flexibility and customization can help create arrangements that best support the child’s wellbeing and foster healthy relationships with both parents. Always consult with a family law attorney to explore the options that align with your family’s needs and circumstances.

– Having trouble picturing what these schedules really look like? –
– Check out our My Possession Order calendar generator –