Texas law, explained
The short answer
Texas law presumes the standard possession order is the right minimum schedule for a child three or older (Texas Family Code § 153.252). Within 100 miles, the other parent gets the first, third and fifth weekends, Thursday evenings, alternating holidays and 30 days in summer; within 50 miles, the expanded version starting at school dismissal applies unless declined or found not in the child's interest. Parents may agree to any other schedule, including 50/50. John B. Polk helps Dallas parents set, change and defend these schedules.
The standard possession order in Texas
The standard possession order (often called the SPO) is the schedule Texas law presumes is a reasonable minimum for the parent who does not have the child's primary residence (§ 153.252). Its terms depend on how far apart the parents live.
Parents within 100 miles (§ 153.312)
- Weekends beginning at 6 p.m. on the first, third and fifth Friday of each month and ending at 6 p.m. Sunday.
- Thursday evenings from 6 to 8 p.m. during the school year.
- Spring break in even-numbered years.
- 30 days in summer, chosen by written notice by April 1, or July 1 to July 31 if no notice is given.
- Alternating Thanksgiving and split Christmas breaks, Mother's Day and Father's Day weekends, and two hours on the child's birthday (§ 153.314).
Parents within 50 miles: the expanded schedule
Since September 1, 2021, when the parents live 50 miles or less apart, the court must give the expanded times as if the parent had elected them (§ 153.3171). Weekends run from school dismissal Friday to school resumption Monday, and Thursdays run overnight to Friday morning. The parent can decline, and the court can refuse if the expanded times are not in the child's best interest. Between 50 and 100 miles, the parent can still elect these times (§ 153.317).
Parents more than 100 miles apart (§ 153.313)
The other parent can choose the regular first, third and fifth weekends or one weekend a month with 14 days' notice, gets spring break every year, and gets 42 days in summer.
Custom schedules: 50/50, work hours and travel
Parents can agree to almost any schedule that serves the child, and judges usually approve agreed parenting plans. Every standard order also lets parents share time "as mutually agreed in advance," falling back on the written terms when they do not agree (§ 153.311).
- 50/50 schedules such as week-on, week-off, or 2-2-5-5 rotations are allowed when both parents agree, and a judge can order equal time when it serves the child.
- Work schedules: when shift work, rotating schedules or a year-round school make the standard order unworkable, the court must order periods as similar as possible to it (§ 153.253).
- Business travel: orders can include notice requirements, flexible weekends or make-up time for a parent who travels.
Equal time works best when the homes are close, the child's school is easy to reach from both, and the parents can communicate. See child custody for how primary residence is decided.
Moving with children: geographic restrictions and the 100-mile rule
Whether a parent may move with the children depends on the court order. Most joint custody orders either set a geographic area for the child's primary residence, such as Dallas County and the counties next to it, or state that there is no restriction (§ 153.134).
The "100-mile rule" is not a ban on moving. It only changes the visitation schedule once the parents live more than 100 miles apart. The geographic restriction is what controls a move.
Every Texas custody order also requires each parent to give notice of a new address at least 60 days before the change, or within five days of learning of it if 60 days' notice was not possible (§ 105.006). A parent who wants to move the child outside the restricted area needs the other parent's agreement in a new order or a court modification. So if your ex wants to move the children out of Dallas, or you want to move out of state, the other parent can block the move by refusing to agree, and the court then decides. Moves out of state can raise jurisdiction questions; see interstate and foreign orders.
Exchanges, pickups and day-to-day rules
The standard order sets clear rules for exchanges (§ 153.316). The parent whose time is starting picks the child up at the other parent's home, or at school if the period begins at school dismissal. The order states how the child is returned. Either parent may designate a competent adult, such as a grandparent, to pick up and return the child.
- Neutral exchange locations can be written into an order, and courts can require exchanges in a protective setting where there has been family violence.
- Video calls: the court may award reasonable periods of electronic communication, including video calls, to supplement possession (§ 153.015).
- Activities: the parent in possession controls the child's time during that period, so activities scheduled by the other parent are not binding without agreement. Orders can add rules for activities.
- Late pickups: the order sets exact times. Repeated lateness should be documented and can support enforcement or a modification with clearer terms.
How John B. Polk helps build a schedule that causes less conflict
A schedule causes less conflict when it is specific: exact times, places, holiday rules, travel notice and a method for resolving disagreements. Vague orders invite arguments. John has practiced family law in Dallas for more than 25 years and drafts orders with that in mind.
He has also served as a parenting facilitator for Dallas–Fort Worth co-parents since 2012, and many co-parenting disputes are settled in one or two Zoom meetings. When a child refuses to visit or exchanges keep breaking down, a facilitator, a co-parenting counselor or the online tool CPiQ can often solve the problem without a court hearing. When it cannot, John represents parents in enforcement and modification cases.
What happens when you hire John
- 1
Consultation
John reviews your current order or situation, the distance between homes and the children's schedules. He explains which Texas schedule applies and what can be changed.
- 2
A schedule that fits
Together you design a proposed schedule around school, work and travel. John drafts it with specific times, places and holiday terms.
- 3
Agreement or hearing
John negotiates with the other side or takes the schedule to mediation. If agreement is not possible, he asks the court to order it.
- 4
A clear final order
The schedule is written into an order the court signs. Clear terms make the order easier to follow and to enforce.
CPiQ, from John and Emily Polk
Messages between co-parents, without the next fight.
Paste a message before you send it. CPiQ, built on parenting-facilitation methods, suggests a calmer, child-focused version. Twenty short lessons help the change stick.
Great job on my case. I was happy to have good counsel on my side and was glad John was there for me. It was a tough case but did get the desired result. The time was very stressful as it was pretty lengthy but John was consistent and did a great job.
Questions people ask
What is the standard visitation schedule in Texas?
The standard possession order gives the non-primary parent the first, third and fifth weekends, Thursday evenings during the school year, alternating holidays, and 30 days in summer when the parents live within 100 miles. Within 50 miles, the expanded version applies by default, starting weekends and Thursdays at school dismissal. Over 100 miles, the summer period becomes 42 days and spring break comes every year.
Can parents agree to a 50/50 custody schedule?
Yes. Texas courts generally approve agreed parenting plans that serve the child, including equal-time schedules. A judge can also order a 50/50 schedule without agreement when it is in the child's best interest, though the standard possession order remains the presumed minimum.
Is week-on week-off custody allowed in Texas?
Yes. Week-on, week-off is one common way to share equal time, and it can be agreed or ordered. It tends to work when the parents live near each other and near the child's school. Some families add a midweek dinner so the child is never a full week away from either parent.
What happens if both parents want the kids for Christmas?
The standard order splits Christmas break. In even-numbered years, the non-primary parent has the first half until noon on December 28, and in odd-numbered years the second half (§ 153.314). Parents can agree to a different split, such as alternating Christmas Eve and Christmas Day, and write it into their order.
Can I move to Plano with my children after divorce?
It depends on your order's geographic restriction. Plano lies in Collin and Denton counties, both next to Dallas County, so a restriction to Dallas County and contiguous counties usually allows it, while a restriction to a school district may not. You must still give the required notice of your new address.
What if I get a job in another state after divorce?
If your order restricts the child's residence, you need the other parent's written agreement in a modified order or a court modification before moving the child. Courts weigh the reasons for the move, its benefits to the child and how the child's relationship with the other parent can be preserved. You can move yourself at any time; the question is the child's residence.
What if my child refuses to visit the other parent?
A child generally does not get to decide whether to follow a court order, and the parent with the child is expected to make the child available and encourage the visit. Courts look at whether that parent made real efforts. If the refusal is persistent, counseling, a parenting facilitator or a modification may be the right step.
Can grandparents pick up children during visitation?
Yes, under the standard order either parent may designate a competent adult, such as a grandparent, to pick up and return the child (§ 153.316). A parent or the designated adult must be present at the exchange. Some orders limit who may do this, so check yours.
Who is responsible for driving kids between homes?
Under the standard order, the parent starting a visit picks the child up at the other parent's home or at school, and the order states which of two methods applies to the return (§ 153.316). Custom orders can split driving differently, such as a halfway meeting point when parents live far apart.
Can we use a neutral location for child exchanges?
Yes. Parents can agree to exchange at a school, a public place or another neutral spot, and the order can name it. Where family violence is an issue, the court can require exchanges in a protective setting, and some counties operate visitation exchange facilities (§ 153.014).
What happens if my ex is always late for pickup?
Keep a written log of each late exchange, with times and messages. Repeated lateness can support a motion for enforcement or a modification that adds clearer terms, such as how long a parent must wait. A parent who cannot exercise a period of possession must give notice to the other parent (§ 153.316).
Can a parent take children on an international vacation without permission?
It depends on the order. Some orders require written consent or an itinerary for travel outside the U.S., and federal rules generally require both parents' consent to issue a passport to a child under 16. Where there is a risk of abduction, a Texas court can order passport and travel controls (§§ 153.501 to 153.503).
Can a custody order include rules for video calls?
Yes. Texas Family Code § 153.015 allows the court to award reasonable periods of electronic communication, including phone and video calls, to supplement a parent's possession time. The order can set days, times and how long the calls last.
What if one parent keeps scheduling activities during the other's visitation?
The parent who has possession controls the child's schedule during that time, so activities set by the other parent are not binding without agreement. Repeated conflicts can be solved by an order clause on activities, such as requiring agreement before enrolling the child in activities that fall in both parents' time.
How do visitation schedules work for teenagers?
The same court order applies to a teenager as to a younger child, so the possession schedule stays in force until the child turns 18 unless the parents agree otherwise or a court changes it. Texas law gives no age at which a child decides whether to visit, but a teen's views carry weight: when a party asks, the judge must interview a child 12 or older in chambers about conservatorship and primary residence, and may ask about possession too (Texas Family Code § 153.009). In practice, parents of teenagers often agree to adjust times around jobs, sports and school events, and the standard order lets parents use any schedule they both agree to in advance (§ 153.311). If a teen refuses to go, the parent with the child is still expected to make the child available, so a lasting change usually needs an agreement or a modification.
Guides on this topic
ChildrenThe Texas Standard Possession Order ExplainedWeekends, Thursdays, holidays and summer under the Texas standard and expanded possession orders, plus when parents can choose 50/50 or a custom schedule.
ChildrenMoving With Children After a Texas DivorceWhat a geographic restriction allows, what the 100-mile rule really does, the notice you must give, and what happens when a parent wants to move or travel abroad.