Ever feel like understanding your visitation rights in a Texas custody case is like trying to solve a puzzle with half the pieces missing? You hear terms like “standard possession order,” “extended summer visitation,” or “first, third, and fifth weekends,” and suddenly it feels like you need a law degree just to plan a weekend with your child.
If you’re wondering how child visitation actually works in Texas—or trying to make sense of what your rights are as a parent—take a breath. You’re not alone, and you don’t have to figure it out on your own.
At the Law Office of Bryan Fagan, PLLC, we help parents across Texas navigate child custody and visitation laws every day. Whether you’re facing a divorce, a modification case, or an initial custody determination, this blog is your go-to guide to understanding what Texas law says about possession schedules, your options, and how to make a plan that works for your family.
Let’s break it down together—plain and simple.
Key Takeaways
- The Standard Possession Order (SPO) is the default visitation schedule in Texas for noncustodial parents.
- Texas courts prioritize the best interests of the child, and visitation plans can be customized to fit unique family dynamics.
- Parents have the right to request modifications to possession orders if circumstances significantly change.
What Is a Standard Possession Order (SPO)?
In Texas, the most common visitation schedule is known as the Standard Possession Order, or SPO. It’s a schedule set by the Texas Family Code that outlines when the noncustodial parent—called the possessory conservator—gets to spend time with the child.
The SPO applies to children aged three and older and typically includes:
- 1st, 3rd, and 5th weekends of each month
- Thursday evenings during the school year
- Alternating holidays (like Thanksgiving and Christmas)
- Extended time in the summer (usually 30 days)
If both parents live within 100 miles of each other, this is the presumed default. If they live farther apart, the schedule can change—usually with fewer visits but longer durations.
The bottom line? The SPO isn’t just a suggestion—it’s the court’s starting point for deciding what a “reasonable” visitation schedule looks like, unless a different agreement is in the child’s best interest.
Expanded Possession: More Time for Involved Parents
The Texas Family Code also gives noncustodial parents the option to elect expanded visitation, often referred to as the “Extended Standard Possession Order.”
If requested, this version allows for:
- Pickup on Thursday after school through Monday morning for weekend visits
- Longer summer possession (up to 42 days)
- Additional time during school breaks
This schedule can offer a greater sense of stability for children and allow noncustodial parents to stay more involved in their day-to-day lives.
At the Law Office of Bryan Fagan, we often encourage parents to consider expanded possession when possible—especially when both parties are committed to shared parenting and the child thrives from spending more time with each parent.
Custom Visitation Schedules: One Size Doesn’t Fit All
While the SPO is the default, it’s not set in stone. Texas courts understand that every family is different. If the standard schedule doesn’t make sense for your circumstances—like if you work nights, live far away, or have a child with special needs—you can negotiate a custom possession schedule.
These custom orders require both parents to agree or a judge to rule in favor based on the child’s best interests. A custom plan might include:
- Alternating weeks or split weeks
- Mid-week visits with overnight stays
- Flexible holidays based on family traditions
Whether you’re modifying an existing order or negotiating one during a divorce, our attorneys can help you build a schedule that truly works for you and your child—not just one that’s written in a statute.
What About Children Under Three
The Standard Possession Order doesn’t automatically apply to children under the age of three. In those cases, courts consider a more gradual visitation schedule that supports bonding without overwhelming the child.
Factors the court will look at include:
- The distance between the parents
- The ability of each parent to provide routine care
- Whether the child is breastfeeding
- How familiar the child is with each parent
If you’re the parent of a baby or toddler, you’ll need a plan that accounts for short, frequent visits and slowly builds toward longer stays as the child gets older. These arrangements are especially important to get right early on, and our team at the Law Office of Bryan Fagan is here to help craft a plan that balances development, comfort, and fairness.
When Visitation Rights Are Denied or Violated
Life happens—and sometimes, parents don’t stick to the schedule. Maybe one parent won’t hand over the child. Maybe the other doesn’t show up at all.
If your visitation rights are being denied, or if you’re unsure about your legal options when schedules aren’t being followed, it’s time to take action.
Under Texas law, court-ordered visitation is enforceable. That means if the other parent is refusing to comply, you may be able to file an enforcement action. Penalties for violating a custody order can include:
- Fines
- Make-up visitation
- Attorney’s fees
- Jail time (in extreme cases)
Our legal team has handled countless enforcement cases, and we know how to protect your rights and keep the court’s orders working in your child’s best interest.
Can You Modify a Possession Order?
Yes—you absolutely can. If your circumstances have changed significantly since the original order was signed, you may qualify for a modification.
Common reasons include:
- A new job with different hours
- One parent moving farther away
- A child’s needs changing due to age or health
- Concerns about safety or well-being
As with all custody and visitation matters, the court’s guiding principle is still the best interest of the child. If you believe the current plan isn’t working anymore, we can help you file a motion and make a compelling case for change.
Your Visitation Rights Matter—And We’re Here to Help
Navigating child visitation in Texas doesn’t have to feel overwhelming. Whether you’re just starting the process or you’re stuck with a schedule that isn’t working, know this: you do have rights, and you can create a custody arrangement that supports your relationship with your child.
At the Law Office of Bryan Fagan, PLLC, we help parents like you every day—parents who want to stay involved, do what’s right, and fight for a meaningful presence in their child’s life.
If you’re ready to take the next step, get the guidance you need, and build a plan that works, we’re ready to help. Your children are worth it—and so is your peace of mind.
Bryan Joseph Fagan is a respected child custody attorney based in Houston, Texas, with deep roots in Atascocita. As the first lawyer in a close-knit family that includes two adopted brothers, Bryan brings a personal connection to every family law case he handles. His early caregiving experience—supporting his grandmother through Alzheimer’s while attending night school at South Texas College of Law—shaped his unwavering commitment to helping families through life’s toughest transitions.
Now a father of three, Bryan’s real-world parenting perspective enhances his legal insight. He leads one of the most dynamic family law teams in Texas, with a particular focus on child custody, visitation rights, and protecting parental rights. From hotly contested custody battles to amicable co-parenting arrangements, Bryan and his team understand that at the heart of every case is a child who deserves stability, safety, and love.
As a certified member of the College of the State Bar of Texas, Bryan holds himself to the highest standards of legal excellence and continuing education. He is known for crafting innovative, effective legal strategies that reflect both the letter of the law and the emotional realities families face.
Bryan’s practice spans every aspect of Texas family law, including:
Custody and visitation disputes
Modifications and enforcement of existing orders
Complex divorce proceedings involving children
Adoption and paternity cases
Marital property agreements
Defense against false CPS allegations
Bryan is also an active member of the Houston Bar Association’s Family Law Section and participates in statewide legal groups committed to improving outcomes for Texas families. Whether negotiating a peaceful custody agreement or litigating in court to protect a child’s best interests, Bryan Joseph Fagan is a fierce advocate for parents and children across Texas.
