If you’re divorcing in Texas with children, you’ve likely heard about the Standard Possession Order (SPO). But a common question arises: who actually gets this schedule? Is it automatic? Does the court decide, or do parents choose? Understanding who receives the SPO and how it’s determined is crucial for planning your post-divorce parenting arrangement.
Understanding the Basics
The Standard Possession Order is Texas’s default visitation schedule for children of divorced parents. It’s outlined in the Texas Family Code and provides a specific schedule for when the non-custodial parent (possessory conservator) has the children.
Key Point: The SPO is given to the non-custodial parent or possessory conservator—the parent with whom the child does not primarily reside.
Who Is the Possessory Conservator?
Joint Managing Conservatorship (Most Common)
In most Texas divorces, both parents are named joint managing conservators, sharing decision-making rights. However:
– One parent has the exclusive right to determine the child’s primary residence
– The other parent is the possessory conservator for scheduling purposes
- The possessory conservator gets the Standard Possession Order
Example: Mom and Dad are joint managing conservators. Mom has the exclusive right to determine where the child lives primarily. Dad is the possessory conservator and receives the SPO schedule, seeing the children on 1st, 3rd, and 5th weekends, Thursday nights, holidays, and extended summer.
Sole Managing Conservatorship (Less Common)
When one parent is the sole managing conservator:
- They have primary decision-making authority
- The other parent is the possessory conservator
- The possessory conservator receives the SPO (or a more restricted schedule if warranted)
How Is It Determined?
The Presumption
Texas law presumes that the SPO is in the child’s best interest. Courts routinely order it unless there’s evidence that:
- The possessory conservator poses a danger to the child
- Special circumstances warrant a different schedule
- Both parents agree to a different arrangement
The Parent Designated as Primary
Factors Courts Consider
When determining which parent gets primary residence (and thus which gets the SPO):
Child’s Best Interest
The paramount consideration includes:
- The child’s physical and emotional needs
- Stability of home environment
- Each parent’s ability to provide care
- Geographic location and school considerations
- The child’s wishes (if 12 or older)
Historical Primary Caregiver
- Which parent has been primarily caring for the children?
- Who handles day-to-day responsibilities?
- Who manages medical appointments, school involvement?
- Who has been present for daily routines?
Parenting Ability
- Each parent’s involvement in the child’s life
- Ability to provide for physical and emotional needs
- Willingness to facilitate the other parent’s relationship
- Parenting skills and decision-making
Stability
- Home environment stability
- Employment stability
- Community connections
- School district quality
Proximity to School and Activities
- Distance to child’s school
- Access to important activities
- Continuity of education
- Community connections
Work Schedules
- Flexibility of work hours
- Availability for after-school care
- Ability to attend school events
- Child care arrangements
Each Parent’s Plan
- How each parent proposes to care for the child
- Child care arrangements
- School transportation plans
- Daily routine structure
When Both Parents Want Primary Custody
Status Quo Often Prevails
If the child has been primarily living with one parent during separation:
- Courts often maintain this arrangement
- Stability and consistency are valued
- The child’s adjustment is considered
Neither Wants to Disrupt
Most parents prioritize minimizing disruption to children’s routines.
Negotiated Agreements
Many couples decide between themselves:
- Based on practical considerations
- What works best for the children
- Without court intervention
Court Decision
If parents can’t agree:
- Court hears evidence
- Evaluates all factors
- Makes determination based on best interest
- May order custody evaluation
- May appoint attorney ad litem for children
Can Parents Choose Not to Use the SPO?
Absolutely. The SPO is a default, not a requirement.
Custom Parenting Plans
Parents can agree to:
More Equal Time
- 50/50 custody arrangements
- Week on/week off
- 2-2-3 schedule
- 2-2-5-5 schedule
Different Weekend Arrangements
- Every other weekend plus one weeknight
- Every weekend 50/50
- Three weekends a month
- Whatever works for your family
Modified Schedules
- Adjusted for work schedules
- Accommodating travel
- Considering children’s ages
- Based on special needs
More or Less Possession Time
- Additional time for the possessory parent
- Restricted schedule if safety concerns exist
- Gradual increases as circumstances change
The Requirement
Your parenting plan must:
- Be in the child’s best interest
- Be detailed and specific
- Address all necessary issues
- Be approved by the court
Courts readily approve reasonable custom arrangements when both parents agree.
Special Circumstances Affecting SPO
Modified SPO for Long Distance
When parents live more than 100 miles apart:
The Possessory Parent Gets:
- One weekend per month (instead of twice monthly)
- 42 days in summer (instead of 30)
- Spring break every year (instead of alternating)
- All other holidays as standard
This recognizes that frequent exchanges aren’t practical with distance.
Infants and Very Young Children
Courts may modify the SPO for very young children:
More Frequent, Shorter Visits
- Young children may need more frequent contact with both parents
- Shorter periods initially
- Gradual transition to standard schedule
- More flexibility for nursing mothers
Example: Instead of full weekends, a parent might see an infant for several short visits per week, gradually transitioning to overnights as the child grows.
Safety Concerns
When evidence shows risk to the child:
Supervised Visitation
- Visits only with third-party supervision
- At approved facilities
- Gradually increasing to unsupervised if appropriate
Restricted Schedule
- Fewer overnights
- Daytime-only visits
- Specific conditions or requirements
Suspended Possession
- In extreme cases, possession may be suspended temporarily
- Subject to reunification therapy
- Requires evidence of serious danger
Work Schedules
Non-traditional work schedules may warrant modifications:
- Shift workers
- Military deployment schedules
- Travel-heavy jobs
- Irregular hours
Courts can adjust schedules to accommodate while preserving meaningful time.
Does the Non-Custodial Parent Always Want the SPO?
Usually, Yes
Most possessory conservators want:
- Regular, predictable time with children
- Overnight visits
- Extended summer possession
- Holiday time
Sometimes, No
Some parents request:
- Less time due to work or distance
- More limited initial schedule
- Supervised visits (if concerns exist)
- Different arrangements better suited to circumstances
More Than the SPO
Many possessory conservators seek:
- Additional possession time
- More equal custody (50/50)
- Modified schedule with more involvement
- Flexible arrangements
What If One Parent Gets Less Than the SPO?
A parent receives less possession than the SPO only when:
Safety Concerns Exist
- History of family violence
- Substance abuse issues
- Mental health concerns affecting parenting
- Evidence of neglect or abuse
- Criminal behavior
Parent Is Unavailable
- Incarcerated
- Military deployment (temporarily)
- Living outside reasonable distance
- Work obligations preventing care
Parent Chooses Less Time
- Voluntary agreement to limited schedule
- Realistic about current circumstances
- Plans to increase involvement later
Gradual Reunification
- After period of absence
- Following safety concerns being addressed
- With therapeutic supervision
- Building trust and relationship
Enforcing the SPO
Once ordered, the SPO is enforceable:
If the Custodial Parent Interferes
- Refusing to allow possession
- Consistently making excuses
- Moving away without permission
- Alienating the children
Enforcement Actions Available:
- Motion for enforcement
- Contempt proceedings
- Make-up possession time
- Fines and attorney fees
- Possible custody modification
- In extreme cases, criminal charges
If the Possessory Parent Doesn’t Exercise Possession
The custodial parent cannot:
- Force the other parent to take possession
- Demand child support reduction
- Seek custody based solely on non-exercise
However, consistent failure to exercise possession may be relevant in future custody modifications.
Can You Change Who Gets the SPO?
Yes, Through Modification
Custody can be modified when:
Material and Substantial Change
- Significant change in circumstances
- Change affects child’s best interest
- Not anticipated at original order
Examples:
- Parent with primary custody becomes unfit
- Child’s needs have changed
- Parent’s circumstances have dramatically improved
- Relocation of either parent
- Child expresses strong preference (if 12+)
Process:
- File petition to modify
- Show required change in circumstances
- Prove modification is in child’s best interest
- Court hearing
- New order issued if granted
Planning Your Parenting Arrangement
Questions to Consider
1. Who has been the primary caregiver?
2. What’s best for the children’s stability?
3. How do work schedules affect availability?
4. What’s practical given distance?
5. How old are the children?
6. Do they have special needs?
7. Can you agree on a custom schedule?
8. Is the SPO workable for your family?
Communication Is Key
The best arrangements come from:
- Open communication between parents
- Focus on children’s needs
- Flexibility and cooperation
- Realistic assessment of situations
- Willingness to adjust over time
The Bottom Line
The Standard Possession Order is given to the non-custodial or possessory conservator parent—the one with whom the child doesn’t primarily reside. This is typically determined by designating one parent with the exclusive right to establish the child’s primary residence, while the other parent receives the SPO schedule.
Whether you’re establishing custody in Houston’s diverse neighborhoods, working out parenting plans in Dallas’s sprawling suburbs, creating schedules in Austin’s growing communities, finalizing arrangements in San Antonio’s family-oriented areas, or setting up possession orders in Corpus Christi’s coastal communities, understanding who gets the SPO helps you plan effectively for your children’s future.
Most importantly, remember that the SPO is a starting point, not the only option. Parents can agree to any schedule that serves their children’s best interests, provides meaningful time with both parents, and works practically for the family’s circumstances. The goal is creating a stable, predictable arrangement that allows children to thrive with strong relationships with both parents.