Texas Divorce Attorney Blog
The default schedule for standard possession in Texas has changed. Texas custody law generally uses the term “possession and access” rather than visitation. The Texas Family Code establishes standard possession schedules designed to promote frequent contact between children and both parents. Recent legislative changes have altered how those Texas visitation schedules operate in many cases.
The Standard Possession Order Framework
Texas courts frequently rely on the Standard Possession Order (SPO) when determining possession schedules in divorce and custody proceedings. Historically, the traditional SPO provided that the non-custodial parent exercised possession on the first, third, and fifth weekends of each month, along with certain holiday periods. Tex. Fam. Code §153.312
Later, Texas law introduced an Expanded Standard Possession Order (ESPO) that increased parenting time for the non-custodial parent. This ESPO schedule typically includes Thursday overnight possession during the school week and extended weekend periods. Tex. Fam. Code §153.317.
The “Best Interest of the Child” Standard
Although the expanded possession schedule is now presumed to apply, Texas courts still evaluate custody decisions under the best interest of the child standard. The Texas Family Code expressly provides that the child’s best interest is the primary consideration when determining issues of child custody (conservatorship) and possession. Tex. Fam. Code §153.002.
The presumption is that children benefit from more frequent and consistent contact with both parents. Tex. Fam. Code §§153.252, 153.317. As a practical matter, the ESPO means the expanded schedule is no longer something a parent must specifically request. Instead, it is the default starting point for courts in many Texas child custody cases.
How the Expanded Schedule Changes Parenting Time
The expanded possession order effectively increases the amount of time that the non-custodial parent spends with the child. Instead of limited weekend visits, the schedule typically includes Thursday overnight possession during the school year and extended weekend periods ending Monday morning, and Tuesday morning if Monday is a school holiday. This structure creates a schedule that inches closer to a 50/50 possession schedule – sometimes close to 46-48% of the time depending on how the holidays fall.
Judicial Discretion Remains
Even with the statutory presumption favoring expanded possession, trial courts retain discretion in crafting possession orders. A court may modify the schedule if circumstances show that the statutory arrangement would not serve the child’s needs.
If evidence shows that the expanded schedule would not serve the child’s best interest, the court may deviate from the statutory framework and impose a different schedule. Courts frequently examine factors such as the child’s educational needs, the parents’ work schedules, and the ability of each parent to facilitate a stable routine.
As a result, while the expanded schedule has become the starting point, it is not automatic in every case.
Contact a Dallas Child Custody and Visitation Attorney
The shift toward expanded possession orders marks a significant development in Texas custody law. Parents involved in custody disputes should understand how these statutory changes may affect their cases. McClure Law Group represents clients in complex Texas conservatorship and possession matters. Discuss your case with one of our child custody attorneys today by calling (214) 692-8200.