The Texas Standard Possession Order
Once conservatorship has been decided, the next issue to address is how each of the conservators will split possession time of the child. The Texas Family Code sets out a standard possession order (SPO), which outlines the times that each party will have access to or possession of the child. The SPO is based on one party being the managing conservator and the other being the possessory conservator. If parents are designated joint conservators, the parent that determines the residence of the child is considered to be the managing conservator and the other joint conservator is relegated to possessory conservator. The reference to a joint conservator as a possessory conservator does not change any rights and duties for joint managing conservators. A SPO will be different for conservators that live more than 100 miles apart.
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Possession Times for Conservators within 100 miles of each other |
Primary Joint Managing Conservator or Sole Managing Conservator |
Possessory or other Joint Managing Conservator |
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Normal Weekends and School Days |
2nd and 4th weekends of every month and daily except on Thursdays from 6:00pm – 8:00pm | 1st, 3rd, and 5th weekend of every month and every Thursday from 6:00pm – 8:00pm |
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Holiday Weekends |
Weekend possession will begin Thursday at 6:00 pm if there is a weekend holiday that falls on Friday. Weekend possession will end at 6:00 pm on Monday if the weekend holiday falls on a Monday. |
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Spring Break |
Possession will occur on the odd-numbered years. Possession starts at 6:00 pm of the day the child is released from school for spring break. | Possession will occur on the even-numbered years. Possession starts at 6:00 pm of the day the child is released from school for spring break. |
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Summer Vacation |
Entitled to one weekend during the other conservator’s 30 daysMust give written notice to other conservator by April 15th | 30 days of possession – can be taken in one period time or two periods of at least 7 consecutive daysDefault is July 1st at 6:00 pm until July 31st at 6:00 pm. |
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Thanksgiving |
Possession will occur on even-numbered years starting at 6:00 pm on the day the child is released from school for Thanksgiving break | Possession will occur on odd-numbered years starting at 6:00 pm on the day the child is released from school for Thanksgiving break |
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Christmas |
Possession for the first half of the break starting 6:00 pm the day the child is released from school for Christmas Break until 6:00 pm on December 28th on even-numbered yearsPossession for the second half of the child’s Christmas break starting 6:00 pm on December 28th and ending 6:00 pm on the last day of the Christmas Break on odd-numbered years | Possession for the first half of the break starting 6:00 pm the day the child is released from school for Christmas Break until 6:00 pm on December 28th on odd-numbered yearsPossession for the second half of the child’s Christmas break starting 6:00 pm on December 28th and ending 6:00 pm on the last day of the Christmas Break on even-numbered years |
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Mother’s/Father’s Day |
Entitled to possession for the weekend of the conservator’s respective holiday |
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Child’s Birthday |
Whoever is not possession of the child on their birthday is entitled to possession from 6:00 pm – 8:00 pm |
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Possession Times for Conservators more than 100 miles apart |
Primary Joint Managing Conservator or Sole Managing Conservator |
Possessory or other Joint Managing Conservator |
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Normal Weekends and School Days |
2nd and 4th weekends of every month and daily except on Thursdays from 6:00pm – 8:00pm | 1st, 3rd, and 5th weekend of every month OR elect to one roving weekend a month |
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Holiday Weekends |
Weekend possession will begin Thursday at 6:00 pm if there is a weekend holiday that falls on Friday. Weekend possession will end at 6:00 pm on Monday if the weekend holiday falls on a Monday. |
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Spring Break |
No possession during the child’s spring break | Possession will occur every year starting at 6:00 pm of the day the child is released from school for spring break. |
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Summer Vacation |
Entitled to one weekend during the other conservator’s 42 daysMust give written notice to other conservator by April 15th | 42 days of possession – can be taken in one period time or two periods of at least 7 consecutive daysDefault is June 15th at 6:00 pm until July 27th at 6:00 pm. |
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Thanksgiving |
Possession will occur on even-numbered years starting at 6:00 pm on the day the child is released from school for Thanksgiving break | Possession will occur on odd-numbered years starting at 6:00 pm on the day the child is released from school for Thanksgiving break |
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Christmas |
Possession for the first half of the break starting 6:00 pm the day the child is released from school for Christmas Break until 6:00 pm on December 28th on even-numbered yearsPossession for the second half of the child’s Christmas break starting 6:00 pm on December 28th and ending 6:00 pm on the last day of the Christmas Break on odd-numbered years | Possession for the first half of the break starting 6:00 pm the day the child is released from school for Christmas Break until 6:00 pm on December 28th on odd-numbered yearsPossession for the second half of the child’s Christmas break starting 6:00 pm on December 28th and ending 6:00 pm on the last day of the Christmas Break on even-numbered years |
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Mother’s/Father’s Day |
Entitled to possession for the weekend of the conservator’s respective holiday |
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Child’s Birthday |
Whoever is not possession of the child on their birthday is entitled to possession from 6:00 pm – 8:00 pm |
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The SPO does not have to be ordered in every custody case. Parties can agree to possession schedule that differs from the SPO and is in the best interest of the child. Also, if the court finds that a SPO is not in the best interest of the child, it can order a modified possession schedule. For more information, or to learn how this may apply in your specific situation, reach out to our knowledgeable divorce team.