Weekend possession: 1st, 3rd, and 5th Fridays
6 p.m. Friday through 6 p.m. Sunday. Only months with a 5th Friday get a 5th-weekend visit — in months without one, that period simply does not occur.
The Texas Standard Possession Order is the default custody schedule courts use when one parent has primary residence of the child. It spells out exactly when the noncustodial parent has the child: specific weekends each month, a Thursday evening during the school year, and defined summer and holiday blocks.
The SPO is the starting point, not a ceiling. Parents can agree to more time, or courts can order something different. This guide covers what the statute actually says.
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During the regular school term, the possessory conservator (noncustodial parent) has the child on specific weekends and one Thursday evening each week.
Tex. Fam. Code § 153.312
6 p.m. Friday through 6 p.m. Sunday. Only months with a 5th Friday get a 5th-weekend visit — in months without one, that period simply does not occur.
Every Thursday during the regular school term. This is a same-evening visit — the child goes home the same night. This is not an overnight under the base Standard SPO. The court may omit Thursday possession if it finds it is not in the child's best interest.
In even-numbered years (2026), the noncustodial parent has spring break: school dismissal through 6 p.m. the day before school resumes. In odd years, the primary parent has spring break.
Quick reference: 2026 (even year)
The noncustodial parent gets an extended summer block. The length depends on how far apart the parents live, and written notice is required to claim it.
Within 100 miles
30 days
Tex. Fam. Code § 153.312(b)(2) — within 100 miles
Over 100 miles
42 days
Tex. Fam. Code § 153.313
The primary conservator also has summer rights: they can designate one weekend to interrupt the noncustodial parent's summer block (two weekends if summer exceeds 30 days), with notice by April 15. Learn more about how summer overlaps with child support on the Texas child support calculator.
The Expanded SPO (ESPO) is not a different schedule — it uses different start and end times that add more parenting time. For parents 50 miles or less apart, it has been the automatic default since September 2021.
| Feature | Standard SPO | Expanded SPO |
|---|---|---|
| Weekend start | 6 p.m. Friday | School dismissal Friday |
| Weekend end | 6 p.m. Sunday | School resumes Monday morning |
| Thursday possession | 6 p.m. – 8 p.m. (evening only, no overnight) | School dismissal Thursday through school resumes Friday (overnight) |
| Summer (within 100 mi) | 30 days | 30 days (same; summer is not extended by ESPO within 100 mi) |
| Summer (over 100 mi) | 42 days | 42 days |
| Who qualifies | Any case where ESPO not elected or ordered | Automatic default when parents live ≤50 miles apart (post-Sept. 2021); available by election for 51–100 miles |
| Family Code section | Sec. 153.312 | Sec. 153.317 / Sec. 153.3171 |
Texas Family Code does not use the phrase "Expanded Standard Possession Order" in the statute. The terms come from Sec. 153.317 (elected ESPO) and Sec. 153.3171 (automatic default for parents within 50 miles). See the Texas parenting plan template for SPO calendar examples.
Tex. Fam. Code § 153.314 controls holiday possession. These rules apply regardless of how far apart the parents live — they override any conflicting regular weekend or Thursday visits.
2026 is an even year. The columns below show who has each holiday.
| Holiday | Even years (2026) | Odd years (2025, 2027) |
|---|---|---|
| Christmas — first half (school dismissal → noon Dec. 28) Split point is noon on December 28, not Christmas Day. | Noncustodial (2026) | Primary parent |
| Christmas — second half (noon Dec. 28 → day before school) 2026: primary parent has second half. | Primary parent | Noncustodial |
| Thanksgiving (school dismissal → 6 p.m. Sunday) Even years (2026) = primary parent has Thanksgiving. | Primary parent (2026) | Noncustodial |
| Spring Break — within 100 miles | Noncustodial (2026) | Primary parent |
| Spring Break — over 100 miles When parents live more than 100 miles apart, noncustodial gets spring break every year. | Noncustodial every year | Noncustodial every year |
| Child's birthday (6 p.m. – 8 p.m.) Only when that parent does not already have possession that day. | Non-possessing parent gets 6–8 p.m. | Non-possessing parent gets 6–8 p.m. |
| Mother's Day 6 p.m. Friday before through 6 p.m. Mother's Day. | Mother always | Mother always |
| Father's Day 6 p.m. Friday before through 6 p.m. Father's Day. | Father always | Father always |
Holidays NOT in the Texas SPO statute:
These holidays are not assigned by § 153.314 and default to the regular schedule: Martin Luther King Jr. Day, President's Day, Memorial Day, July 4th / Independence Day, Labor Day.
Courts and parents often add these by agreement in a custom order, but the default SPO does not separately address them. Do not assume they are covered.
Texas SPO uses two separate distance thresholds — 50 miles and 100 miles — that people often confuse. Here is what each one means.
The holiday schedule (Sec. 153.314) applies in all three distance ranges. Distance affects the regular school-year and summer schedule, not holiday possession.
The Standard Possession Order is a default, not a guarantee. Courts can and do deviate when circumstances call for it.
The court may not appoint joint managing conservators if there is credible evidence of a pattern of physical or sexual abuse. A rebuttable presumption applies that appointing an abusive parent as the one with primary residence rights is not in the child's best interest. Courts can restrict, supervise, or deny possession based on family violence history.
Falls under the best interest of the child standard (Sec. 153.002). Courts can restrict possession, require drug testing, or make sobriety a condition of access.
If a parent moves and the standard schedule becomes unworkable, courts look to Section 153.3171(b)(3)(A): Expanded SPO may not apply when "distances between residences make the possession schedule unworkable or inappropriate."
Mental health issues, criminal history, neglect, or the presence of dangerous persons in the household can all support modified possession under the best interest standard.
At age 12 or older, the court must interview the child in chambers if a party requests it. The interview covers conservatorship and primary residence preferences. This is not binding — the judge decides based on the child's best interest. Under age 12, the court may interview but is not required to.
Looking for a 50/50 schedule instead? The SPO is not equal parenting time. If you want something closer to equal, see the 50/50 custody schedule guide or the 2-2-3 schedule — both can be used in Texas with court approval.
Distance is the biggest variable in the Texas SPO. These examples show how the same statute produces different schedules depending on where the parents live.
Within 50 miles: Expanded SPO is the automatic default.
Carlos has primary residence. Maria lives 8 miles away. Under Sec. 153.3171 (effective 2021), Maria's possession order automatically applies Expanded SPO terms: she picks up their daughter at school dismissal on 1st/3rd/5th Fridays and returns her when school resumes Monday morning. Thursday is an overnight — school dismissal Thursday through school resumption Friday. Maria's parenting time is roughly 42% of the year. Neither parent needed to ask for this; the court applied it by default.
51–100 miles: Standard SPO, with ESPO available by election.
Jennifer has primary residence in Plano; David lives in Fort Worth (about 42 miles). The 51–100 mile range means the Standard SPO applies automatically: David has their son 1st, 3rd, and 5th weekends from 6 p.m. Friday to 6 p.m. Sunday, plus 6–8 p.m. Thursdays during the school term. If David wanted Expanded SPO terms, he would need to elect them on the record at the time of the order. Summer: 30 days for David with April 1 notice required.
Over 100 miles: no Thursday visits, longer summer, spring break every year.
After Rebecca moved to Austin with their son, Tom's order reflects the over-100-miles rules (Sec. 153.313). No Thursday evening visits. Tom gets spring break every year instead of alternating. His summer block is 42 days: he must give written notice by April 1 each year to designate which weeks, or the default applies (June 15 through July 27). For regular weekends, Tom can elect either the 1st/3rd/5th schedule or up to one weekend per month of his choosing — but he must elect the one-weekend option in writing within 90 days of the parties beginning to live more than 100 miles apart.
Build a visual calendar for any of these schedules: custody schedule generator.
FAQ
Specific answers about how the Texas SPO works in practice — not general legal information.
The Texas Standard Possession Order (SPO) is the default visitation schedule set out in Texas Family Code Chapter 153. It specifies when the noncustodial parent (called the "possessory conservator") has the child: 1st, 3rd, and 5th weekends each month from 6 p.m. Friday to 6 p.m. Sunday; Thursday evenings 6–8 p.m. during the school term; alternating holidays; and a 30-day summer block. Courts use it as the starting point in custody cases.
Count the Fridays in any given month. The noncustodial parent gets the 1st, 3rd, and 5th of those Fridays. Possession begins at 6 p.m. Friday and ends at 6 p.m. Sunday. In months with only four Fridays, there is no 5th-weekend visit. The schedule resets each month — it is not every-other-weekend.
Standard SPO: weekends run 6 p.m. Friday to 6 p.m. Sunday; Thursday is a 6–8 p.m. same-evening visit (no overnight). Expanded SPO: weekends run from school dismissal Friday through school resumption Monday; Thursday becomes a school-dismissal-to-Friday-school-resumption overnight. For parents living 50 miles or less apart, Expanded SPO has been the automatic default since September 2021 under Sec. 153.3171.
Tex. Fam. Code § 153.314 governs SPO holidays. Christmas is split at noon December 28: in even years (2026), the noncustodial parent has the first half (school dismissal through noon Dec. 28). Thanksgiving alternates: even years (2026) = primary parent. Spring break within 100 miles alternates by year; noncustodial gets it in even years (2026). Mother's Day always goes to the mother; Father's Day always to the father. MLK Day, Memorial Day, July 4th, Labor Day, and President's Day are NOT in the statute — they follow the regular schedule.
Yes. Under Sec. 153.311, parents may agree to possession at any time mutually agreed in advance. The SPO schedule is the fallback when parents cannot agree. Courts can also approve agreed modifications that serve the child's best interest. Any changes from the standard order should be in writing to avoid disputes.
The schedule changes significantly under Sec. 153.313: Thursday evening visits are eliminated; summer increases from 30 to 42 days (with a different default period: June 15 through July 27); the noncustodial parent gets spring break every year instead of alternating; and the noncustodial parent can elect to take one weekend per month of their choice (instead of 1st/3rd/5th) by written election within 90 days of moving beyond 100 miles.
There is no age at which a Texas child gets to simply "choose" their parent. At age 12 or older, the court must interview the child in chambers if a party requests it (Sec. 153.009). The judge listens to the child's preference — but the preference is not binding. The court retains full discretion to decide based on the child's best interest. Under age 12, the interview is discretionary.
Yes. The SPO is a default; it is not mandatory in every case. Courts deviate when the standard schedule would not serve the child's best interest. Common reasons include domestic violence (Sec. 153.004 creates specific presumptions), substance abuse, parental fitness concerns, geographic distance, or the child's own circumstances.
For parents within 100 miles: the noncustodial parent gets 30 days of summer possession. Must give written notice by April 1 designating specific dates. Can split into up to 2 periods of at least 7 consecutive days each. If no notice is given by April 1, the default is July 1 (6 p.m.) through July 31 (6 p.m.). For parents over 100 miles: 42 days; default if no notice is June 15 through July 27.
Texas law calls the noncustodial parent the "possessory conservator." This is the parent who does not have primary residence of the child and whose time with the child is governed by the SPO schedule. The parent with primary residence is typically called the "managing conservator." In joint managing conservatorship (the default presumption), both parents share legal decision-making, but one is typically designated to determine the child's primary residence — that parent's counterpart is the possessory conservator who gets the SPO schedule.
Legal disclaimer
This page provides educational information about the Texas Standard Possession Order based on Texas Family Code Chapter 153. It is not legal advice and does not create an attorney-client relationship. Texas family law is complex, and individual circumstances vary. The schedule that applies to your case depends on your specific court order, the distance between parents, elections made at the time of the order, and other factors. Always read your actual court order and consult a qualified Texas family law attorney for advice specific to your situation.
Statutory text quoted or paraphrased on this page is sourced from Texas Legislature Online (statutes.capitol.texas.gov) and should be verified against the current published statute before reliance.
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