Index
Texas Child Custody (Standard Possession Order)
Summary
In Texas, child custody is called 'Conservatorship.' If parents cannot agree on a schedule, a judge will almost always order the 'Standard Possession Order' (SPO) to guarantee minimum time with the non-primary parent.
Rights & Rules
- 01.The parent who does NOT determine the child's primary residence (the non-custodial parent) gets the child on the 1st, 3rd, and 5th weekends of a month.
- 02.The non-custodial parent gets alternating holidays (e.g., Thanksgiving one year, Christmas the next) and 30 days during the summer.
- 03.If the parents live more than 100 miles apart, the weekend schedule changes to one weekend a month, but summer possession increases to 42 days.
- 04.This order is presumed by the state to be in the 'best interest' of a child aged 3 or older.
Penalties
- 01.If a parent refuses to hand over the child according to the schedule, they can be held in contempt of court, fined, or even jailed.
- 02.Police will rarely enforce the order without a judge first holding the parent in contempt.
Verified Citations
Texas Family Code Section 153.252
Source"There is a rebuttable presumption that the standard possession order... provides reasonable minimum possession of a child for a parent named as a joint managing conservator or possessory conservator..."