The Texas Standard Possession Order Explained

What is the standard visitation schedule in Texas?

The standard visitation schedule in Texas is the standard possession order in Family Code §§ 153.312 to 153.317. It is presumed to be a reasonable minimum for the parent who does not have the child's primary residence and to be in the child's best interest (§ 153.252).

For parents who live within 100 miles, that parent has the child on the first, third and fifth weekends of each month from Friday at 6 p.m. to Sunday at 6 p.m., and on Thursday evenings from 6 to 8 p.m. during the school year. A weekend extends when the Friday or Monday is a school holiday.

Summer follows its own rules. That parent gets 30 days, which can be split into no more than two periods of at least seven days each, chosen by written notice by April 1. Without notice, the 30 days run from July 1 to July 31. The primary parent can, with written notice by April 15, take one weekend during the other parent's summer time, and can also designate one summer weekend when the other parent's regular weekend will not take place (§ 153.312).

The standard order is a floor, not a ceiling. A judge can order more time, and parents can agree to more, whenever that serves the child.

The order is designed for children three and older (§ 153.251). For younger children, the court writes a schedule suited to the child's age. See child custody for how courts treat babies and toddlers.

What is the expanded standard possession order?

The expanded standard possession order gives the same days with longer periods: weekends start when school lets out on Friday and end when school resumes on Monday, and Thursday visits become overnights ending when school resumes Friday. Holiday periods also begin at school dismissal (§ 153.317).

Since September 1, 2021, when the parents live 50 miles or less apart, the court must order these expanded times unless the parent declines them, possession is being limited for safety reasons, or the court finds them not in the child's best interest, for example because the distance makes them unworkable or because that parent did not frequently and continuously exercise the rights and duties of a parent before the case was filed (§ 153.3171). Between 50 and 100 miles, the parent can elect the expanded times before the order is signed.

How do we split holidays when we have joint custody?

Under the standard order, the major holidays alternate by year, and holiday rules override the regular weekend and Thursday schedule (§ 153.314).

• Thanksgiving: the non-primary parent in odd-numbered years, the primary parent in even-numbered years.
• Christmas break: in even-numbered years, the non-primary parent has the first half, from 6 p.m. on the day school lets out (or at dismissal under the expanded schedule) until noon on December 28; in odd-numbered years, the second half, from noon on December 28 until 6 p.m. the day before school resumes.
• Spring break: alternates by year when parents live within 100 miles; every year for the non-primary parent beyond 100 miles.
• Mother's Day and Father's Day: each parent has the weekend of their day.

If both parents want the children on Christmas Day itself, they can agree to split the day or alternate Christmas Eve and Christmas Day, and put that in the order. Without agreement, the standard split controls.

How do we handle birthdays and special family events after divorce?

The standard order gives the parent who does not have the child on the child's birthday two hours that evening, from 6 to 8 p.m., picking the child up and returning the child to the same place (§ 153.314).

Parents' birthdays, weddings, reunions and religious holidays are not covered by the standard order. Parents can trade weekends by agreement, which every standard order allows, or write specific provisions into a custom order. Asking early and offering a trade in return usually works better than a last-minute request.

Can parents agree to a 50/50 custody schedule?

Yes. Parents can agree to equal time, and Texas courts generally sign agreed parenting plans that serve the child. A judge can also order equal time without agreement, though the law does not presume it.

Common 50/50 patterns include week-on, week-off; 2-2-5-5, where each parent has the same two weekdays every week and weekends alternate; and 2-2-3. Week-on, week-off is fully allowed in Texas. The choice depends on the child's age, the distance between homes and how well the parents cooperate. Joint managing conservatorship does not itself require equal time.

Can we create a parenting schedule around our work hours?

Yes. Parents can build any schedule they agree on, and when a parent's work schedule makes the standard order unworkable, the court must order periods as similar as possible to it (§ 153.253). This helps nurses, first responders, pilots and others with rotating shifts.

For a parent who travels for business, an order can include advance notice of travel, flexible weekends, make-up time and video calls on travel days. Every standard order also requires a parent to give notice when that parent will not exercise a period of possession (§ 153.316).

Can we change the custody schedule when a child starts school?

Yes. Parents can change the schedule by agreement at any time, and should put a lasting change into a modified order so it can be enforced. Without agreement, a parent can ask the court to modify the schedule if circumstances have materially and substantially changed and the change is in the child's best interest (§ 156.101). See custody modification and enforcement.

Orders for very young children often step up to the standard or expanded schedule as the child reaches school age. Working out the school-year plan in mediation is usually faster and less costly than a contested hearing.