What Is Standard Visitation in Texas for Kids Under 3?

There is no fixed standard visitation schedule in Texas for kids under 3. Section 153.254 of the Texas Family Code tells the judge to build a custom possession order for each child under 3, weighing 13 specific factors about the child’s development and each parent’s role.¹ The same order must include a prospective schedule that takes effect automatically on the child’s third birthday, and that prospective schedule is presumed to be the Standard Possession Order used for older children.

Why Texas Treats Children Under 3 Differently

For children 3 and older, Texas has a default called the Standard Possession Order (SPO) that spells out weekends, Thursday evenings, holidays, and summer time. Courts apply it almost automatically unless a parent shows it would harm the child.

Children under 3 get no such default. The legislature recognized that infants and toddlers have different attachment needs, feeding demands, and tolerance for transitions, so it directed courts to design each order from scratch rather than slot every family into the same template.¹

Two families with children the same age can end up with very different schedules. A six-month-old who is breastfeeding and has spent nearly all of their time with one parent will likely start with shorter daytime visits. A two-year-old who already spends regular time with both parents might begin with overnights right away. The schedule depends on where the child is developmentally, not on a one-size chart.

The 13 Factors a Judge Weighs

Section 153.254 lists the factors the court must consider when designing a possession order for a child under 3:

Who has been providing day-to-day care before and during the case.
How the child reacts, or is likely to react, to being away from either parent.
Whether each parent can personally care for the child during their time, rather than relying on others.
The child’s physical health, medical conditions, behavior, and developmental stage.
Each parent’s physical, emotional, economic, and social circumstances.
Who else will be around during visits and how they affect the child.
Whether siblings will be present during possession periods.
The child’s need to form strong bonds with both parents.
Keeping nap times, feeding schedules, and daily rhythms as consistent as possible.
How far apart the parents live and what that means for logistics.
Whether a phased approach is needed so the child adjusts gradually.
Whether the parents can cooperate on responsibilities and decisions.
Anything else bearing on the child’s best interest.

That last catch-all gives judges broad discretion. If something matters for the child’s wellbeing but doesn’t fit the first 12 categories, the court can still weigh it.¹

What a Step-Up Schedule Looks Like

Because the statute specifically calls for a temporary schedule that incrementally shifts to the full order, most courts and the Texas Office of the Attorney General use what’s commonly called a step-up or phased-in schedule.¹ The noncustodial parent starts with limited time and gradually earns more as the child adjusts.

When the Office of the Attorney General establishes paternity and sets a possession order for a child under 3, it typically uses a modified phased-in order. The order begins with brief periods of possession for part of a day on certain weekends. Each phase must be completed in full before moving to the next, and the time with the child increases at each step until the parties eventually transition to the Standard Possession Order.²

The number of phases, their length, and the progression vary. Some orders start with a few hours on a Saturday afternoon, then move to longer weekend days, then add overnights, then extend to full weekends. The statute does not mandate any particular timeline, so courts have wide latitude to speed up or slow down the progression based on how things go.

Moving to the Next Phase

Advancing through a step-up plan depends on meeting whatever conditions the order sets. The noncustodial parent typically needs to complete the required number of visits in the current phase without issues. In cases involving substance abuse or domestic violence history, the court may require passing drug tests or completing counseling before moving up. The overriding requirement is that the child appears comfortable enough to handle more time.¹

A well-drafted step-up order eliminates the need to go back to court every time the child is ready for more time. The transitions happen automatically once the conditions are met, which saves both parents the cost and stress of repeated modification hearings.

When Overnights Start

Overnights for infants are the single most contested issue in these cases. If the child is very young, still nursing, or has had limited contact with the noncustodial parent, courts often delay overnights until a later phase. For toddlers closer to 2 or 3 who already have an established relationship with both parents, overnights may begin sooner. There is no statutory minimum age for overnight possession; it comes down to the 13 factors and the judge’s assessment of what the child can handle.

What Happens Automatically at Age 3

Here is the detail many parents miss. The court must include a prospective order that takes effect automatically on the child’s third birthday, and the statute says this prospective order “presumptively will be the standard possession order.”¹ Unless the judge finds a specific reason to deviate, your child’s schedule switches to the full Standard Possession Order the day they turn 3, without anyone needing to file anything new.

For parents who live within 100 miles of each other, the Standard Possession Order gives the noncustodial parent:

Weekends on the first, third, and fifth Friday of each month at 6 p.m. through Sunday at 6 p.m.
Thursday evenings during the school term from 6 p.m. to 8 p.m.
Thirty days during summer vacation, either in one block or two periods of at least seven consecutive days.
Alternating holidays split on an even-year/odd-year rotation, including spring break, Thanksgiving, and Christmas.

The jump from a phased-in schedule to full weekends and 30 days of summer can feel dramatic. That is exactly why the step-up approach matters. If the phases are well designed, the child arrives at their third birthday already comfortable spending extended time with both parents, and the switch to the full order feels natural rather than jarring.

Agreeing on a Schedule Instead of Letting a Judge Decide

Parents who can agree have more control over the outcome than those who leave it to a judge. Texas law allows both parties to create a written agreed parenting plan that covers possession, conservatorship, and terms for future modifications. If the court finds the plan serves the child’s best interest, it must issue an order that follows it.⁴

For a child under 3, a strong plan addresses feeding schedules, nap times, and how transitions between households will work. If the child is breastfeeding, the plan might call for shorter visits that align with nursing, with a clear timeline for expanding as the child weans. Provisions about who provides car seats, how to handle illness during a visit, and what happens when a scheduled visit falls on a pediatrician appointment head off the small disputes that tend to spiral.

Once a judge approves an agreed parenting plan, it becomes a court order enforceable by contempt. It does not function as a private contract between the parents.⁴ If the court finds the proposed plan is not in the child’s best interest, it can ask the parties to revise it or, after a hearing, impose its own order.

Changing the Order as the Child Grows

Infants change fast, and a schedule that worked at six months may not fit at 18 months. To modify a possession order, you need to show that circumstances have “materially and substantially changed” since the order was issued (or since the mediated agreement it was based on was signed) and that the modification would serve the child’s best interest.⁵

Common grounds for modification include a parent’s relocation, a significant change in work schedule, the child reaching developmental milestones that affect the schedule, or new health concerns. A well-designed step-up order reduces the need for modification because it already accounts for the child’s growth, but situations the original order didn’t anticipate still come up.

The process starts with filing a motion in the court that has continuing jurisdiction over your case. Courts often want input from professionals, such as a child psychologist or the child’s pediatrician, especially when the dispute centers on whether the child is ready for overnights or extended time. Professional custody evaluations, when ordered, typically cost between $1,200 and $15,000 depending on the evaluator and the complexity of the case.

If both parents agree on the changes, you can submit a modified agreed order to the court for approval, which is faster and less expensive than a contested hearing. Even when you agree, the court still reviews the proposed changes against the child’s best interest before signing off.⁵

1
Texas Constitution and Statutes. Texas Family Code 153.254 – Child Less than Three Years of Age
2
Texas Access. Children Under the Age of 3
3
State of Texas. Texas Family Code 153.312 – Parents Who Reside 100 Miles or Less Apart
4
State of Texas. Texas Family Code 153.007 – Agreed Parenting Plan
5
State of Texas. Texas Family Code 156.101 – Grounds for Modification of Order Establishing Conservatorship or Possession and Access