In Texas, the Standard Possession Order (SPO) is the default guideline used to determine the visitation schedule for noncustodial parents in divorce or custody cases. Codified in the Texas Family Code (§153.312–§ 153.317), the SPO aims to ensure that both parents maintain meaningful relationships with their child while promoting stability and predictability. Here is an in-depth look at the SPO, its terms, and its implications.

What Is a Standard Possession Order?

The SPO establishes a legal framework that dictates when a noncustodial parent (the parent who does not have primary custody) can spend time with their child. This schedule is typically applied when parents are unable to mutually agree on a visitation arrangement.

Texas courts often favor the SPO unless circumstances warrant deviation, such as concerns over the child’s safety, special needs, or significant geographic distance between the parents.

Key Features of the Standard Possession Order

The SPO varies depending on the child’s age and the distance between the parents’ residences:

1. For Children Under Three Years Old:
   • The SPO recognizes the need for frequent but shorter visits to foster attachment.
   • Courts often customize possession schedules for children in this age group, gradually transitioning to a full SPO as the child grows older.
2. For Children Over Three Years Old (Within 100 Miles):
   • Weekends: The noncustodial parent typically has possession on the first, third, and fifth weekends of each month, beginning Friday at 6:00 p.m. and ending Sunday at 6:00 p.m.
   • Thursdays: During the school year, the noncustodial parent is granted possession every Thursday evening from 6:00 p.m. to 8:00 p.m.
   • Holidays and Special Occasions:
     • Alternating major holidays, such as Thanksgiving and Christmas.
     • Father’s Day or Mother’s Day, depending on the parent’s role.
   • Summer Break: The noncustodial parent is entitled to 30 days of visitation, with the option to specify dates in advance or default to July 1–31 if no notice is provided.
3. For Children Over Three Years Old (Over 100 Miles Apart):
   • The noncustodial parent may choose an alternative SPO, which typically reduces the frequency of visits but increases the duration.
   • Weekend visitations are often consolidated to one weekend per month.
   • The noncustodial parent is allowed an extended period during summer (up to 42 days) and alternating holidays.

Flexibility and Customization

The SPO serves as a starting point, but parents can negotiate alternative arrangements if they agree. Courts generally approve modified schedules as long as they align with the child’s best interests.

Some factors influencing deviations from the SPO include:

• The child’s age and developmental needs.
• Parental work schedules and flexibility.
• Special needs or medical conditions of the child.
• History of family violence or neglect.

Holiday and Special Occasion Scheduling

Holidays and school breaks are particularly important aspects of the SPO. The schedule is designed to alternate key holidays between parents each year:

• Thanksgiving: One parent will have the child from the Wednesday before Thanksgiving to the Sunday following Thanksgiving, alternating annually.
• Christmas: The holiday is divided into two parts:
  • The first half (from the child’s school release to December 28 at noon) and
  • The second half (from December 28 at noon to the return to school).
• Spring Break: The parent without possession during Christmas usually has the child for Spring Break.

Rights and Responsibilities During Possession

Both parents retain certain rights during their periods of possession:

• The right to direct moral, religious, and educational upbringing.
• The right to consent to noninvasive medical and dental care.
• The duty to provide a safe and nurturing environment during possession.

It’s important to note that both parents are legally required to adhere to the SPO unless they have agreed to or received court approval for a different arrangement.

Geographic Restrictions

In cases where the primary custodial parent is granted geographic restrictions (e.g., the child must reside within a specific county or area), the SPO reflects these limitations. Such restrictions are designed to minimize disruption to the child’s routine and ensure the noncustodial parent can exercise visitation rights without excessive burden.

Enforcement and Violations

Both parents are obligated to comply with the SPO as outlined in the court order. Failure to do so can result in legal consequences, including:

• Contempt of Court: Violations may lead to fines, attorney’s fees, or even jail time.
• Modification of Orders: A consistent failure to comply could result in the court revisiting custody arrangements.
• Make-Up Visitation: Courts may order additional visitation time to compensate for missed periods.

Noncustodial parents denied access to their child despite the SPO can seek enforcement through legal remedies.

Benefits of the Standard Possession Order

1. Clarity and Predictability: The SPO provides a clear schedule, reducing ambiguity and potential disputes.
2. Balanced Parenting Time: It aims to ensure both parents remain involved in the child’s life.
3. Judicial Efficiency: As a standardized guideline, the SPO expedites court decisions in custody disputes.

Criticism and Limitations

While widely used, the SPO has some limitations:

• Rigid Structure: The SPO may not suit families with unconventional schedules or unique needs.
• Child-Centric Adjustments: Critics argue the SPO sometimes prioritizes parental rights over the child’s developmental and emotional needs.
• Distance Challenges: The structure can strain families living far apart, where frequent visits are impractical.

Courts address these issues by allowing for case-by-case modifications when warranted.

Conclusion

The Texas Standard Possession Order is a foundational tool for managing parental visitation rights post-divorce. While it may not suit every family’s unique circumstances, it ensures a structured and equitable framework to support the child’s relationship with both parents. Understanding and adhering to the SPO is critical for fostering a stable post-divorce environment for the child.