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Texas Family Code §153.312–153.314

Texas Standard Possession Order

The default custody schedule under Texas law when a court doesn't order something else — and, increasingly, not what most Texas parents actually have. Here's what it says, and the one check almost every guide skips.

Check this first: Standard, or Expanded?

Most searches for "Texas Standard Possession Order" land on a description of the schedule below — but a large share of Texas parents are actually on the Expanded Standard Possession Order (ESPO) instead, often without realizing it changes the times. Since September 1, 2021 (Tex. Fam. Code §153.3171, from SB 1936), if the parents live 50 miles or less apart and the order was rendered on or after that date, Texas courts apply the expanded version by default — unless a parent opted out or the court found it wasn't in the child's best interest. Parents 51–100 miles apart can elect the expanded version, but it isn't automatic for them.

The practical difference: under the expanded version, weekend possession starts after school Friday (not 6pm) and runs through Monday morning school drop-off (not 6pm Sunday) — adding a Friday and Monday night. Thursday visits become overnight, school dismissal Thursday to school start Friday, instead of a two-hour evening visit. Holiday pickup times generally shift to school dismissal/resumption instead of fixed clock times.

Everything below, and the generator, describes the plain Standard Possession Order only. If you're 50 miles or less apart with an order from 2021 or later, check it — you likely have the expanded version, and the times here won't match.

The two distance-based schedules

The statute uses two different templates depending on how far apart the parents live — this is separate from the Standard/Expanded question above.

100 miles or less apart (§153.312)

More than 100 miles apart (§153.313)

Holidays override everything (§153.314)

These apply the same way regardless of distance, and take priority over the regular weekend/Thursday schedule whenever they overlap:

What the generator does and doesn't model

The calendar generator computes the default schedule above — the one that applies when neither parent has made any election. It shows regular weekends, the default summer block, and all four holiday rules, using the dates you give it for winter break. It does not show Thursday evening visits or spring break (both genuinely exist, but depend on a specific school's calendar closely enough that a generic default would likely be wrong), and it does not model any election (an alternate summer split, or a monthly-weekend pattern for parents over 100 miles apart) or the Expanded Standard Possession Order described above.

Not legal advice

This page and the generator describe a statutory default template, not a guarantee of what any specific family's order says. Courts routinely modify the schedule, order the expanded version, or approve something the parents negotiated that looks nothing like either. "Best interest of the child" is always the standard a court can apply to deviate from any of this. If anything here doesn't match your signed order, your order controls — ask your attorney.

FAQ

Do I have the Standard or the Expanded Standard Possession Order?

Check your actual signed order — it will say which one. As a rule of thumb: if the parents live 50 miles or less apart and the order was rendered on or after September 1, 2021, Texas law (Tex. Fam. Code §153.3171, from SB 1936) makes the Expanded version the default unless a parent opted out or the court found it wasn't in the child's best interest. Orders between 51 and 100 miles apart can elect the expanded version but it isn't automatic. Over 100 miles apart, only the plain Standard Possession Order structure applies.

What's different about the Expanded Standard Possession Order?

Weekend possession starts after school on Friday (instead of 6pm) and ends when school resumes Monday morning (instead of 6pm Sunday) — effectively adding Friday and Monday nights. Thursday evening visits become overnight, from after school Thursday to the start of school Friday, instead of a 6-8pm visit. Holiday pickup times generally shift to school dismissal/resumption instead of fixed clock times. This generator and guide describe the plain Standard Possession Order only, not the Expanded version.

Is this legal advice?

No. This describes the default template in the Texas Family Code and the generator shows that default only. Courts frequently order a modified schedule, the Expanded version, or something custom entirely — your actual signed order controls, not this page. Ask your attorney if anything here doesn't match your order.

Does the generator show Thursday visits or spring break?

No — both exist in the statute, but Thursday visits depend on when a school's regular term runs and spring break dates are set entirely by each school district, closely enough that a generic default would likely be wrong for a given family. The regular weekends, summer possession, and all four holiday rules (Thanksgiving, winter break, Mother's Day, Father's Day) are shown, since those are fixed by the statute or computable from dates you provide.

Related

Keep it up to date automatically. Ellsby applies your family's actual agreed schedule to a live shared calendar, not a generic statutory default.

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