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Texas Legal Glossary · Family Law

Standard Possession Order (SPO)

Definition: The standard possession order is the default Texas visitation schedule in Family Code Chapter 153, presumed reasonable for a child three or older, giving the noncustodial parent first, third, and fifth weekends, Thursday evenings, alternating holidays, and 30 days each summer.

Also called: SPO, expanded standard possession order, visitation schedule

What the standard possession order means in Texas

The standard possession order, or SPO, is the schedule the Texas Legislature wrote into the Family Code so that parents and judges do not start from scratch in every case. Section 153.252 creates a rebuttable presumption that the SPO provides reasonable minimum possession for a parent named possessory conservator or a joint managing conservator without the primary residence right, and that it is in the best interest of a child age three or older.

For parents who live within 100 miles of each other, ยง 153.312 sets the basic terms: the first, third, and fifth weekends of each month from Friday at 6 p.m. to Sunday at 6 p.m., Thursday evenings during the school year from 6 p.m. to 8 p.m., 30 days in the summer, and alternating spring breaks and holidays. Section 153.313 adjusts the schedule when the parents live more than 100 miles apart, trading Thursdays for extended summer time and every spring break.

How it works in practice

The expanded standard possession order under ยง 153.317 lets the possessory parent elect alternate beginning and ending times: weekends starting when school lets out on Friday and ending when school resumes on Monday, and Thursdays running overnight until school resumes Friday. That election adds overnights. Under ยง 153.3171, when the parents live within 50 miles of each other, the expanded times apply by default unless the court finds they are not in the child’s best interest or the possessory parent declines them.

For children under three, ยง 153.254 directs the court to craft a schedule based on the child’s needs, caregiving history, and each parent’s availability, often stepping up to a full SPO at age three. Holiday provisions in ยง 153.314 alternate Thanksgiving and split Christmas break at noon on December 28.

Why it matters in your case

The SPO is the baseline against which every other schedule is measured. A parent asking for less than the SPO for the other parent must show why. A parent asking for more, such as a week on, week off arrangement, is negotiating above the floor, and courts often approve agreed schedules that depart from it. Because the SPO has fixed statutory language, the order says exactly when possession begins and ends, which matters if an enforcement action is ever needed.

Frequently asked questions

How many overnights does the Texas standard possession order give?

A basic SPO within 100 miles gives the possessory parent roughly 30 to 35 percent of overnights across a year, counting weekends, summer, and holidays. The expanded SPO, with Thursday overnights and weekends ending Monday morning, raises that to roughly 40 to 45 percent. Exact counts vary with the calendar and the holiday schedule.

Can parents agree to a schedule different from the SPO?

Yes. The SPO is a presumption, not a mandate. Parents routinely agree to 50/50 schedules, 2-2-5-5 rotations, or schedules built around shift work, and Texas courts generally approve agreed schedules that serve the child. Many orders include the SPO as a fallback that applies if the parents cannot agree.

What does 'fifth weekend' mean in the Texas SPO?

Some months have five Fridays. The SPO assigns the weekend beginning on the first, third, and fifth Friday of each month to the possessory parent. In a month with a fifth Friday, that parent gets back to back weekends, since the next month's first Friday follows immediately.

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"Standard Possession Order (SPO)." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/standard-possession-order/. Updated October 2026.

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This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.