Texas Standard Possession Order: Schedule, Holidays, and Summer

The Texas Standard Possession Order is the default parenting-time schedule Texas courts use in custody cases involving children age three and older. It gives the noncustodial parent the first, third, and fifth weekends of each month, a Thursday period during the school year, alternating major holidays, and 30 days in the summer, with longer stretches when the parents live more than 100 miles apart. Texas law presumes this schedule is in the child’s best interest unless a parent proves otherwise.¹

Regular Weekday and Weekend Schedule

During the school year, a noncustodial parent who lives within 100 miles of the custodial parent has the child on the first, third, and fifth weekends of every month. Under the default times, those weekends run from 6:00 p.m. Friday to 6:00 p.m. Sunday. The noncustodial parent also gets a Thursday visit each week from 6:00 p.m. to 8:00 p.m.²

That is the baseline. Most parents don’t stop there.

The Expanded Schedule

Most parents elect the expanded version of the SPO, and the difference is meaningful. Under the expanded schedule, the Thursday visit turns into an overnight: the noncustodial parent picks the child up when school lets out Thursday and keeps the child until school starts Friday morning. Weekends stretch as well, beginning at school dismissal Friday and ending when school resumes Monday morning. Those extra overnights on each end add real time across the month.³

A conservator must elect the expanded times before or at the time the court issues the possession order, either in a written filing or orally on the record.³ If nobody raises the expanded schedule during your case, ask about it. The default times give up substantial parenting time by comparison.

When Parents Live More Than 100 Miles Apart

When the parents live more than 100 miles from each other, the weekend schedule changes. Instead of the first, third, and fifth weekends, the noncustodial parent gets one weekend per month, but it is a longer one. The noncustodial parent also keeps the right to a Thursday visit, though distance usually makes weekly visits impractical. The real compensation for distance comes during holidays and summer.⁴

Holiday Schedule

Holiday possession overrides the regular weekday and weekend schedule. Major holidays alternate between parents on an odd-year/even-year cycle, with a small set of every-year exceptions.

Thanksgiving

In odd-numbered years, the noncustodial parent has the child from 6:00 p.m. on the day school dismisses for Thanksgiving break through 6:00 p.m. the following Sunday. In even-numbered years, the custodial parent has that same window.⁵ Under the expanded SPO, pickup happens whenever school actually dismisses for the break rather than at 6:00 p.m.³

Winter Break

Winter break splits into two halves, and the parents alternate:

In even-numbered years, the noncustodial parent has the child from 6:00 p.m. on the last day of school before winter break until noon on December 28. The custodial parent then has the child from noon on December 28 until 6:00 p.m. on the day before school resumes.
In odd-numbered years, the schedule flips. The custodial parent takes the first half; the noncustodial parent takes the second half.⁵

The noon dividing line on December 28 means one parent typically has Christmas Eve and Christmas Day while the other has New Year’s Eve and New Year’s Day. Which parent gets which depends on when those dates fall relative to December 28 in a given year. If the school calendar shifts, the start and end dates shift with it. The break follows the school schedule, not fixed calendar dates.

Spring Break

For parents within 100 miles, spring break alternates annually. In even-numbered years, the noncustodial parent has the child from 6:00 p.m. on the day school dismisses through 6:00 p.m. on the day before school resumes. In odd-numbered years, the custodial parent keeps the child.²

For parents living more than 100 miles apart, the noncustodial parent gets spring break every year, not just alternating years.⁴

Birthdays, Mother’s Day, and Father’s Day

Three possession periods apply every year without alternating. If the father is a conservator, he has the child from 6:00 p.m. on the Friday before Father’s Day through 6:00 p.m. on Father’s Day, even if it falls during the other parent’s regular time. The same rule applies for Mother’s Day: the mother has the child from 6:00 p.m. Friday through 6:00 p.m. on Mother’s Day. And whichever parent does not already have the child on the child’s birthday gets a two-hour window from 6:00 p.m. to 8:00 p.m. that day, picking up from and returning to the other parent’s home.⁶

Summer Possession and the April 1 Deadline

Summer is where the noncustodial parent’s time increases substantially. For parents within 100 miles, the noncustodial parent gets 30 days of extended possession. Those 30 days can be taken as one continuous block or split into two periods of at least seven consecutive days each.⁷

Watch the deadline. The noncustodial parent must give the custodial parent written notice of the chosen dates by April 1. Without notice, the default period kicks in automatically: July 1 through July 31.⁷ That is one of the most common mistakes noncustodial parents make, and it locks in dates that may not work for your plans.

For noncustodial parents who live more than 100 miles away, summer possession extends to 42 days.⁴

During the noncustodial parent’s summer period, the custodial parent can claim one weekend with the child but must provide written notice of the specific dates by April 15.⁴ Both parents should treat April as the month to finalize summer logistics. A missed notice deadline creates confusion and, at worst, a default nobody wanted.

Children Under Three

The Standard Possession Order does not automatically apply to children under three years old. Texas law requires courts to craft a schedule tailored to the young child’s needs, weighing factors like who previously provided day-to-day care, the child’s developmental stage, each parent’s availability, and the child’s attachment to both parents.⁸

Courts frequently order a phased-in schedule for children under three, starting with shorter visits and gradually increasing time as the child grows. Once the child turns three, the order typically transitions to the full SPO.⁸ If someone tells you the SPO applies to your infant or toddler, that is wrong. The court must issue a separate age-appropriate order first.

Electronic Communication

Either parent can ask the court to include periods of electronic communication with the child, meaning video calls, phone calls, or messaging, to supplement the regular schedule. The court decides based on whether electronic communication serves the child’s best interest and whether both households have reasonable access to the necessary technology.⁹

When ordered, each parent must share the child’s contact information with the other parent and notify the other parent within 24 hours of any changes. The parent with the child at the time must allow the communication with the same privacy given to in-person visits.⁹ Electronic communication supplements face-to-face time; it does not replace it. For parents who live far apart or who want contact between scheduled visits, it is worth requesting.

Enforcement If the Other Parent Won’t Follow It

When a parent ignores the possession schedule, the other parent can file a motion for enforcement. Texas law requires the motion to identify the specific provision violated, describe how the other parent failed to comply, and list the date, place, and time of each violation.¹⁰ Vague complaints about the other parent being difficult will not work. Text messages, emails, and screenshots documenting denied pickup times are the kind of evidence that moves an enforcement case forward.

If the court finds a violation, it can order make-up possession time. For repeated or intentional violations, the court can hold the offending parent in contempt, with penalties including fines, community service, or jail time of up to six months per violation.

Modifying the Order

Texas courts can modify a possession order when the change serves the child’s best interest and at least one of the following is true: the circumstances of the child or a parent have materially and substantially changed since the order was issued, the child is at least 12 and has expressed a preference about primary residence to the judge in chambers, or the custodial parent has voluntarily given up primary care for at least six months.¹¹

The parent requesting the change files a petition with the court that issued the original order. Common triggers include a parent relocating, a significant change in work schedule, or the child’s needs shifting with age. If both parents agree on the new terms, they can submit an agreed order for the judge to approve, avoiding a full hearing. If they disagree, the requesting parent carries the burden of proving the modification is warranted.

While a modification suit is pending, either parent can request temporary orders to establish a clear schedule until the case resolves.¹¹ Changing the schedule on your own, without court approval, can trigger enforcement, including contempt. Even when both parents informally agree to a different arrangement, formalizing the change through the court protects both sides if the relationship deteriorates later.

1
Office of the Attorney General. Parenting Time Overview
2
State of Texas. Texas Family Code 153.312 – Parents Who Reside 100 Miles or Less
3
State of Texas. Texas Family Code 153.317 – Alternative Beginning and Ending Possession Times
4
Office of the Attorney General. Parenting Time Schedule – Over 100 Miles Apart
5
State of Texas. Texas Family Code 153.314 – Holiday Possession Unaffected by Distance Parents Reside Apart
6
Texas Public Law. Texas Family Code 153.314 – Holiday Possession Unaffected by Distance Parents Reside Apart
7
Office of the Attorney General. 50 Miles Apart or Less – Summer Vacation
8
State of Texas. Texas Family Code 153.254 – Child Under Three Years of Age
9
Texas Public Law. Texas Family Code 153.015 – Electronic Communication with Child by Conservator
10
State of Texas. Texas Family Code 157.002 – Motion for Enforcement
11
State of Texas. Texas Family Code 156.101 – Grounds for Modification of Conservatorship