Possession Schedules in Texas

Texas Child Custody Attorneys Handling Standard, Modified, and Alternative Possession Schedules

When parents separate, one of the most important questions is what schedule will govern time with the child. In Texas, possession and access are determined according to the child’s best interest. Texas Family Code § 153.002 states that the best interest of the child is always the court’s primary consideration in determining conservatorship and possession of and access to the child. 

In many cases, the statutory possession schedule is the schedule for the possessory conservator. The other parent may have the exclusive right to designate the child’s primary residence, or that right may be subject to a geographic restriction. Either way, the written possession order is designed to provide a clear fallback structure when the parties cannot agree. Under Texas Family Code § 153.311, a standard possession order should specify that the parties may have possession of the child at times mutually agreed to in advance and that, if they do not agree, the terms of the order control. 

That distinction matters. The written possession schedule is what governs weekends, weekdays, holidays, and summer possession when there is a disagreement, a communication breakdown, or a need to enforce the order as written. 

Basic Questions About Possession Schedules in Texas

• What is a possession schedule in Texas? 

• What is Extended Standard Possession? 

• What is Standard Possession? 

• What election options does the possessory conservator have? 

• What happens when the parents live more than 100 miles apart? 

• What happens if the child is under three? 

• What is a 50/50 possession schedule? 

• What does the court look at in deciding what is in the child’s best interest? 

  
  

What Is a Possession Schedule in Texas?

A possession schedule is the part of the court’s order that states when each parent has the right to time with the child. In Texas practice, many parents call this a visitation schedule or custody schedule, but Chapter 153 of the Texas Family Code uses the terms possession, access, joint managing conservator, sole managing conservator, and possessory conservator. 

From a practical standpoint, the possession schedule governs the routine of the case. It affects school pickup and drop-off, holidays, summer vacation, transportation, extracurricular activities, and how much predictability the family has going forward. 

What Is Extended Standard Possession?

For parents who live 50 miles or less apart, Texas law generally uses Extended Standard Possession. The current rule appears in Texas Family Code § 153.3171, which provides alternative beginning and ending possession times for qualifying parents who live within 50 miles unless the possessory conservator declines one or more of those times in writing or another statutory exception applies. 

On a broad level, Extended Standard Possession for the possessory conservator usually includes:

• the first, third, and fifth weekends of each month, 

• a Thursday period during the school term, 

• alternating holidays, and 

• an extended summer possession period. 

  
  

What makes it “extended” is that the periods usually follow the child’s school schedule more closely. Broadly speaking, that often means:

• weekend possession from school dismissal on Friday until school resumes on Monday, and 

• a Thursday overnight from school dismissal until school resumes on Friday. 

  
  

What Is Standard Possession?

For parents who live more than 50 miles but not more than 100 miles apart, the order more commonly follows Standard Possession rather than the within-50-miles extended framework. Under Texas Family Code § 153.312, the basic school-term structure includes:

• the first, third, and fifth weekends of each month, and 

• Thursdays during the regular school term, generally from 6:00 p.m. to 8:00 p.m., unless the court finds that visitation is not in the child’s best interest. 

  
  

On a broad level, Standard Possession also includes:

• alternating holiday schedules, and 

• summer possession provisions. 

  
  

So while both Extended Standard Possession and Standard Possession share the same general framework of weekends, Thursdays, holidays, and summer, the extended version usually gives the possessory conservator longer school-year periods and more overnight time when the parents live closer together. 

What Election Options Does the Possessory Conservator Have?

Texas law also provides alternative election times for the possessory conservator. Under Texas Family Code § 153.317, if elected by the conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide one or more alternative beginning and ending possession times. 

On a broad level, those election options can allow periods to begin when school is dismissed and end when school resumes, rather than using shorter evening-based exchanges. In practical terms, that can turn a Thursday period into an overnight and can extend weekend possession so it tracks the school calendar more closely.

For parents living 50 miles or less apart, those extended times are generally the default in qualifying cases unless declined or unless another statutory exception applies under § 153.3171. 

What Happens When the Parents Live More Than 100 Miles Apart?

When the parents live more than 100 miles apart, Texas uses a different long-distance framework. Texas Family Code §§ 153.313 through 153.317 govern much of that structure, and the long-distance schedule changes how weekends, holidays, and summer possession work for the possessory conservator. 

Broadly speaking, long-distance schedules usually shift away from frequent short periods and toward fewer but longer blocks of time. Weekend possession options may change, and summer possession often becomes a more significant part of the overall schedule because distance makes short exchanges less practical. 

What Happens if the Child Is Under Three?

Children under three are treated differently under Texas law. Texas Family Code § 153.251(d) states that the Standard Possession Order is designed to apply to a child age three or older. That means there is no default statutory possession schedule for children under three in the same way there is for older children. 

If the parents of a child under three cannot agree on a schedule, Texas Family Code § 153.254 directs the court to create an order that is appropriate under the circumstances. That section allows the court to consider the child’s caregiving history, the child’s needs, the availability of the parents, and the child’s physical, medical, behavioral, and developmental needs, among other factors. 

On a broad level, schedules for children under three often involve:

• shorter but more frequent periods, 

• step-up plans as the child gets older, 

• careful attention to the child’s routine and attachment needs, and 

• language about how the schedule will change once the child turns three. 

  
  

What Is a 50/50 Possession Schedule?

A 50/50 possession schedule is not the default statutory possession schedule in Texas. Instead, it is a common example of a modified possession schedule. Under Texas Family Code § 153.253, a court may render a possession order other than a standard possession order if the standard order would be unworkable or inappropriate, and § 153.256 provides that the court should still be guided by the statutory framework while considering the child’s age, developmental status, needs, best interest, and the parents’ circumstances. 

On a broad level, 50/50 schedules often look like:

• alternating weeks, 

• a 2-2-5-5 rotation, or 

• another split-week arrangement that gives each parent roughly equal time. 

  
  

The key point is that 50/50 is not automatic. It is one possible arrangement if it is workable and in the child’s best interest.

What Does the Court Look At in Deciding the Child’s Best Interest?

The legal starting point is Texas Family Code § 153.002, but Texas courts also consider broader best-interest factors. Texas courts commonly refer to the nonexclusive Holley factors, which include the child’s desires, the child’s emotional and physical needs now and in the future, the emotional and physical danger to the child, the parenting abilities of the parties, the programs available to assist them, the plans for the child, the stability of the proposed home, the parent’s acts or omissions, and any excuse for those acts or omissions.

In day-to-day custody litigation, some of the most common practical considerations include:

• the child’s age and developmental needs, 

• each parent’s historical caregiving role, 

• each parent’s ability to meet educational, medical, and emotional needs, 

• the distance between the homes, 

• the child’s school and extracurricular schedule, 

• work schedules and availability, 

• the stability of each proposed household, and 

• any safety concerns, including family violence or substance abuse. 

  
  

Learn More About Possession Schedules in Texas

The right possession schedule depends on the child, the parents, the distance between households, and whether the parties can reach workable agreements on their own. In some cases, Extended Standard Possession or Standard Possession will make sense. In others, a long-distance schedule, a schedule for a child under three, or a 50/50 arrangement may be more appropriate.

If you have questions about possession schedules, parenting time, or what type of order may be appropriate in your case, contact our office to discuss your circumstances and learn more about your options at verplankiorio.com.