The expanded standard possession order is the version of the Texas visitation schedule that ties pickup and return to the school day instead of the clock. Weekend time starts when school lets out on Friday and runs until school starts on Monday, and the Thursday visit becomes an overnight. Since September 1, 2021, Texas Family Code Section 153.3171 has made it the default when the parent without the primary residence lives within 50 miles of the child, unless that parent declines it or the judge finds it isn’t in the child’s best interest.
If you’re working out a custody schedule, that one rule shapes a lot. Below, we walk through what the standard possession order gives each parent, what the expanded version adds, how distance decides which one you start with, and how to think about which schedule actually fits your child’s week.
What the standard possession order gives each parent
The standard possession order, often shortened to SPO, is the possession schedule the Texas Family Code writes out in detail. Texas presumes it gives a parent reasonable minimum time and that it is in the child’s best interest (§153.252). It is designed for children three and older (§153.251(d)).
The schedule is written for the parent who does not have the primary residence, called the possessory conservator in the statute, and it also serves as the minimum time for a parent named a joint managing conservator (§153.251(a)).
When parents live 100 miles or less apart, Section 153.312 gives the possessory conservator:
- the first, third and fifth weekends of each month, from 6 p.m. Friday to 6 p.m. Sunday
- Thursday evenings from 6 p.m. to 8 p.m. during the regular school term
- spring break in even-numbered years
- 30 days in the summer, with written notice of the dates by April 1, or July 1 through July 31 if no notice is given
Holidays follow their own rotation under Section 153.314, no matter how far apart the parents live. Christmas break splits at noon on December 28, Thanksgiving alternates by year, and mothers get Mother’s Day weekend while fathers get Father’s Day weekend. The SPO is a floor, not a ceiling. Every standard order also says parents can share time however they agree in advance, and the written schedule controls only when they don’t (§153.311).
What the expanded standard possession order changes
The expanded standard possession order keeps the same weekends, holidays and summer weeks. What changes are the start and end times. Section 153.317 lists the alternatives, and the version most families mean by “expanded” moves almost every exchange to the school day.
| Period | Standard times | Expanded times |
|---|---|---|
| 1st, 3rd and 5th weekends | 6 p.m. Friday to 6 p.m. Sunday | Friday school dismissal to Monday when school resumes |
| Thursday during the school term | 6 p.m. to 8 p.m. | Thursday school dismissal to Friday when school resumes |
| Weekend with a Monday school holiday | Ends 6 p.m. Monday | Ends 8 a.m. Tuesday |
| Weekend with a Friday school holiday | Starts 6 p.m. Thursday | Starts at Thursday school dismissal |
| Spring break, Thanksgiving, Christmas | Starts 6 p.m. on the day school lets out | Starts when school lets out |
| Father’s Day weekend | Ends 6 p.m. Sunday | Ends 8 a.m. Monday |
Those school-day times apply during the regular school term. When school is out for the summer, weekends fall back to 6 p.m. Friday through 6 p.m. Sunday. One wrinkle: two 2021 bills added slightly different versions of Section 153.3171(a). One includes the 8 a.m. Tuesday return after a Monday school holiday in the 50-mile default and the other leaves it out, so check how your own order is worded.
There’s a practical side effect people often miss. Under Section 153.316, when a period starts at dismissal, the pickup happens at the child’s school, and when it ends as school resumes, the drop-off happens at school too. For parents who find handoffs tense, the expanded schedule quietly moves most exchanges out of each other’s driveways. The child goes to school from one home and leaves school with the other parent.
How distance decides your default schedule
Which version you start with depends on how far the possessory conservator lives from the child’s primary residence. Texas law effectively sorts families into three bands.
Within 50 miles, expanded is the default. Section 153.3171 tells the court to enter the expanded times as if the parent had asked for them. The Texas Attorney General’s parenting time schedule for parents 50 miles apart or less lays out the same default, period by period.
Between 51 and 100 miles, standard is the default and expanded is an election. The parent has to ask for the alternative times, and Section 153.317(b) says the election must be made before or at the time the possession order is rendered, either in a written document filed with the court or by stating it on the record in open court.
Over 100 miles, a different schedule applies. Under Section 153.313, the possessory conservator can keep the first, third and fifth weekends or elect one weekend a month of their choosing, with 14 days’ notice before each one. That election has to be made in writing within 90 days after the parents begin living more than 100 miles apart. That parent also gets spring break every year and 42 days in the summer instead of 30.
One detail matters for families near the 50-mile line. The statute measures from where the possessory conservator lives to the child’s primary residence, but it doesn’t say whether that means driving miles or a straight line. If you live close to the cutoff, expect the measurement itself to be part of the conversation, and if a move might happen later, read up on how geographic restrictions work in Texas custody orders.
When a Texas judge can say no to expanded possession
The 50-mile default is strong, but it isn’t automatic in every case. Section 153.3171(b) lists three situations where it doesn’t apply. The first is simple: the possessory conservator can decline some or all of the expanded times, in writing or on the record.
The second applies when the court is limiting that parent’s time to protect the child, for example because of a history of family violence under Section 153.004.
The third is the one that gets argued. The judge can find that one or more expanded times are not in the child’s best interest. The statute gives examples: the distance between homes makes the schedule unworkable for this family or this area, or before the case was filed, the parent did not frequently and continuously exercise the rights and duties of a parent. A judge may also rely on any other relevant reason. If a party asks, the court must put its findings in writing (§153.3171(c)), which matters if you later want to appeal or modify.
Our managing attorney, Tyler Key, has served as a guardian ad litem and amicus attorney, roles that look at a case from the child’s side. From that seat, the question is rarely “how much time does each parent get?” It’s closer to “how does this child’s week actually run?” Who has been doing school pickup? Who knows the teacher? Can this parent reliably get a nine-year-old to class by 7:45 on a Monday? Evidence that answers those questions tends to carry more weight than arguments about fairness between the adults.
How to choose between standard and expanded possession
Expanded possession adds real time. By our own count from the statute, in a school month with two possession weekends and four Thursdays, the possessory parent goes from about 4 overnights under the standard times to about 10 under the expanded ones. That’s a meaningful share of the school week, though it still isn’t an equal split.
For most families, the right schedule comes down to logistics more than principle. Before you ask for it, or decide to decline it, think through a few questions:
- Can you cover the school-day exchanges? Expanded time means a Friday afternoon pickup and a Monday morning drop-off. Either parent may designate a competent adult to pick up and return the child (§153.316(6)), but someone reliable has to be there.
- How far is your home from the child’s school? In the SPO, “school” means the school where the child is enrolled (§153.3101), and a long Monday commute lands on your child.
- What does your child’s week already look like? Practices, therapy and sibling schedules all move with the overnights. Texas policy prefers keeping siblings together during possession (§153.251(c)).
- How do Sunday nights go? For some children, an extra night and a straight trip to school is calmer than a Sunday evening handoff. For others, that night at home before the week starts is what keeps them steady.
Money is a separate question. The child support guidelines don’t change on their own when you choose expanded time, but Section 154.123 lists the amount of possession and access as one factor a judge may weigh in deciding whether to depart from the guidelines. Our page on Texas child support guidelines explains how the base amount is set. If you’re comparing options for your own family, a child custody lawyer in Austin can map both schedules onto your real calendar before you commit to one.
Changing an older custody order
The 2021 change did not rewrite orders that were already signed, so standard times in an existing court order stay until the court changes them. Asking for expanded possession later generally means filing a modification. Under Section 156.101, you must show the change is in the child’s best interest and, among other grounds, that circumstances have materially and substantially changed.
If your case is still open, timing matters more. The election for alternative times has to happen before or when the possession order is rendered. Make it in a written document filed with the court or on the record at the final hearing, and if you settle at mediation, make sure the agreement spells out the times you want. Parents can also agree to their own schedule in a written parenting plan, and the court will adopt it if it serves the child’s best interest (§153.007). For orders that no longer fit your family, see our page on modifying custody and support orders.
Choosing a possession schedule is one of the family law decisions you’ll live with every week, so it’s worth getting the details right the first time. This article is general information about Texas law, not legal advice for your situation. If you’d like to talk through which schedule makes sense for your child, you can reach our child custody team through any of our offices in Austin, Buda, Bastrop, New Braunfels or Victoria.
Frequently asked questions
Is the expanded standard possession order a 50/50 schedule?
No. Expanded possession adds a Thursday overnight and turns most possession weekends into three nights, but the other parent still has the child most school nights. By our count it reaches roughly 10 overnights in a typical school month, not 15. Parents who want an equal schedule usually reach it by agreement in a written parenting plan.
Can I turn down the expanded schedule if I live within 50 miles?
Yes. Under Texas Family Code Section 153.3171(b), the possessory conservator can decline one or more of the expanded times in a written document filed with the court or by stating it on the record in open court. You can decline some times, such as the Thursday overnight, and keep others.
Does the expanded standard possession order apply to a child under three?
Not directly. For a child under three, Section 153.254 tells the court to build a schedule that fits the child’s age, caregiving history and needs. The court also enters a prospective order that takes effect on the child’s third birthday, and that order is presumptively the standard possession order.
What happens to expanded weekends in the summer?
The school-day start and end times apply during the regular school term. When school is out, weekend possession runs from 6 p.m. Friday to 6 p.m. Sunday. Summer possession itself stays at 30 days for parents within 100 miles, with notice of your chosen dates due by April 1.
Does choosing expanded possession lower child support?
Not automatically. Texas guideline support is based mainly on the paying parent’s net resources. Section 154.123 lets a judge consider the amount of possession and access as one factor when deciding whether the guideline amount would be unjust or inappropriate.
If we live 75 miles apart, when do I have to ask for expanded times?
Before or at the time the possession order is rendered, under Section 153.317(b). Make the election in a written document filed with the court or on the record at the hearing. Once the order is signed, getting expanded times generally requires a modification.