Somewhere in the middle of almost every Travis County custody case, a phrase shows up that sounds like fine print: Standard Possession Order. Parents nod along, sign, and only later sit down with a calendar to figure out which weekends are actually theirs.
The Standard Possession Order — the SPO — isn't fine print. It's the default schedule that governs when each parent has the kids, and in most Texas cases it's the starting point the court assumes unless there's a good reason to depart from it. Understanding it before you're standing in a courtroom means you're negotiating from knowledge instead of guessing.
The Texas SPO Is the Default — Here's Why That Matters
Texas Family Code Chapter 153 sets out the Standard Possession Order, and it carries a legal presumption: for a child age three or older, the SPO is presumed to be in the child's best interest. That presumption is the reason the schedule matters so much. A parent who wants something different has to show why the standard schedule doesn't fit — the burden runs against the departure, not toward it.
In practice, this means Travis County judges start from the SPO and adjust from there. If both parents agree to something else, the court will usually honor a reasonable agreement. Absent agreement, the SPO is the gravity the whole case falls back toward.
The Weekend, Holiday, and Summer Schedule in Plain Calendar Form
Stripped of the statutory language, the standard schedule for the parent who doesn't have the child most of the time looks like this:
- Weekends: the first, third, and fifth weekends of each month. Because months don't divide evenly into weeks, this doesn't mean "every other weekend" — some months a parent gets two weekends in a row across the fifth-and-first boundary.
- A weeknight: a Thursday during the school term (commonly a few evening hours, or overnight under the expanded version).
- Holidays, split and alternated: Thanksgiving and winter break alternate between parents by even and odd years, spring break is assigned, and each parent gets specific days like Mother's Day or Father's Day regardless of whose weekend it is.
- Summer: the parent with less regular time generally gets an extended block — up to 30 days — with notice requirements for choosing the dates.
The fifth-weekend rule and the holiday overlays are where do-it-yourself calendars go wrong most often. A schedule that reads simply on paper produces a genuinely irregular month-to-month calendar, which is exactly why parents benefit from mapping an actual year out before they agree to anything.
Expanded SPO: The Quiet Default Most Parents Don't Know About
Here's the piece that surprises people. There's a second version of the standard schedule — the expanded Standard Possession Order — that gives the same parent meaningfully more time, and many parents never learn it exists until it's too late to ask for it easily.
Under Texas Family Code §153.317, a parent can elect expanded periods. The mechanics: instead of picking the child up Friday evening, the weekend begins when school lets out Friday afternoon. Instead of returning them Sunday evening, the weekend runs until school starts Monday morning. The Thursday visit can extend overnight into Friday. None of the weekends change — the child is with the same parent on the same days — but the hours grow substantially, and those extra Friday afternoons and Monday mornings add up across a year.
The catch is in the word elect. Expanded possession is often available to a parent who asks for it and lives within a reasonable distance, but it generally has to be requested. A parent who signs a plain SPO without electing the expanded terms can leave a lot of time on the table simply by not knowing to ask.
When Travis County Courts Vary from the SPO
The standard schedule isn't automatic in every case. A few situations pull courts away from it:
- Children under three. The SPO presumption applies to kids three and up. For younger children, Texas Family Code §153.254 lets courts craft a tailored schedule that accounts for the child's age, feeding and sleeping needs, and each parent's caregiving history, often with a transition to the SPO as the child grows.
- Distance between parents. When parents live more than 100 miles apart, the standard weekend and holiday rules shift — the statute has a separate track for long-distance arrangements.
- Safety and fitness concerns. Evidence of family violence, substance abuse, or neglect can lead a court to impose supervised or restricted possession rather than the standard schedule.
Travis County also operates under standing orders that govern conduct while a case is pending, which can affect what each parent may and may not do with the children before a final order is entered.
Modifying an SPO After the Initial Order
An SPO isn't permanent. A parent can seek to modify possession later, but the standard is demanding: generally, a material and substantial change in circumstances since the last order, plus a showing that the change is in the child's best interest. A new work schedule, a move, a child's changing needs as they age — these are the kinds of facts that can support a modification. Wanting more time, by itself, usually isn't enough.
What to Bring to Your First Custody Consultation in Austin
The parents who get the most out of an initial consultation come with specifics, not just a story:
- The children's ages and school schedules.
- A realistic picture of each parent's work hours and availability.
- The distance between the two households.
- Any existing orders or agreements already in place.
- A clear sense of what a good week actually looks like for your kids — that's the frame the whole schedule should serve.
Common Questions
Is the Standard Possession Order the same as 50/50 custody? No. The SPO is not an equal split — it gives one parent the majority of the time and the other the standard weekends, weeknight, holidays, and summer block. Parents who want equal time typically have to agree to it or persuade the court it fits the child's best interest.
Can we agree to a different schedule than the SPO? Yes. Courts generally approve reasonable agreements between parents. The SPO is the default when parents can't agree, not a ceiling on what they can arrange together.
Does the SPO decide child support too? No. Possession and child support are separate questions, though they interact. The schedule sets who has the children when; support is calculated under its own guidelines.
A schedule you'll live with for years is worth mapping carefully before you sign it. Learn how Texas child custody works, see how Travis County courts decide custody, browse all family law practice areas, or connect with an Austin family law attorney.
Disclaimer: This article provides general legal information for educational purposes only. It does not constitute legal advice. Custody and possession outcomes depend on facts specific to each family. Consult a licensed Texas attorney about your particular situation.