When parents separate or divorce in Texas, one of the most important — and often most emotional — issues to resolve is how they will share time with their children. In Texas, the legal term for “visitation” is possession and access. These schedules outline when each parent will have the child in their care and how exchanges will occur.
The goal of any possession and access schedule is to ensure that children maintain strong, healthy relationships with both parents while providing stability and predictability in their daily lives.
The Standard Possession Order (SPO)
Texas law provides a default framework called the Standard Possession Order, which applies in many cases unless parents agree on a different schedule or the court finds another arrangement is in the child’s best interest.
Under the standard schedule for parents living within 50 miles of each other:
- The non–primary parent typically has possession the 1st, 3rd, and 5th weekends of each month.
- Thursday overnights during the school year.
- Alternating holidays and extended summer visitation.
Customized Schedules
While the SPO is a common starting point, parents can create a schedule that fits their child’s unique needs. For example:
- Young children may need shorter, more frequent visits.
- Parents with unusual work hours (like shift workers or military members) may require a nontraditional arrangement.
- High-conflict cases may benefit from detailed pickup/drop-off instructions and neutral exchange locations.
Factors Courts Consider
When determining a possession and access schedule, Texas courts focus on what serves the best interest of the child. Common considerations include, among other factors:
- The child’s age, school schedule, and developmental needs.
- Each parent’s ability to provide a safe, stable environment.
- The child’s relationship with siblings and extended family.
- Any history of family violence or abuse.
Final Thoughts
Possession and access schedules can seem rigid on paper, but they serve as a roadmap to help families navigate parenting after separation. The best schedules are those that prioritize the child’s well-being, allow for meaningful relationships with both parents, and reduce conflict between households.
If you are facing a divorce, separation, or need to modify your current possession and access order, speaking with our experienced family law attorneys who can help ensure that your parenting plan works for your family and meets legal requirements. Reach out today to Smart & Malone Family Law Group, PLLC.
