Understanding Primary Custody and the Standard Possession Order in Texas

By swipecreatif.agency/ April 3, 2025

When parents separate or divorce in Texas, one of the most important legal decisions involves determining child custody and visitation. Texas law uses terms such as “conservatorship” and “possession” instead of “custody” and “visitation,” but the goal remains the same: to prioritize the child’s best interests.

This blog explains what Primary Custody means in Texas and outlines how the Standard Possession Order (SPO)works.

What Is Primary Custody in Texas?

In Texas, custody is legally referred to as “conservatorship.” The parent with primary custody is called the Primary Joint Managing Conservator. This parent has the exclusive right to determine the child’s primary residence, subject to geographic restrictions (often limited to a county or surrounding counties).

The court often names one parent as the primary conservator to provide stability for the child. The other parent is typically awarded visitation or “possession” rights under the Standard Possession Order, unless another arrangement is made.

What Is a Standard Possession Order (SPO)?

The Standard Possession Order is the default visitation schedule under the Texas Family Code (Tex. Fam. Code § 153.3101–153.317). It sets the minimum time the noncustodial parent (possessory conservator) is entitled to spend with the child.

Basic SPO for Parents Living Within 100 Miles:

• 1st, 3rd, and 5th weekends of each month (from 6:00 PM Friday to 6:00 PM Sunday)

• Thursday evenings during the school year (from 6:00 PM to 8:00 PM)

• Alternating holidays

• Extended summer possession (at least 30 days)

Modified SPO:

If the noncustodial parent requests and the court finds it in the child’s best interest, the SPO can be extended to:

• Begin weekends at the time school is dismissed Friday

• End weekends when school resumes Monday

• Extend Thursday visits overnight

For Parents Living Over 100 Miles Apart:

• Weekend visits may be reduced to one weekend per month, or kept the same as local SPO

• Summer possession extends to at least 42 days

• Holidays remain alternated

Can Parents Agree to a Different Schedule?

Yes. Texas courts encourage parents to work together and create a custom parenting plan tailored to their child’s needs. If both parents agree and the court approves it as being in the child’s best interest, that schedule can override the SPO.

When the Standard Possession Order May Not Apply

In some situations, such as cases involving family violence, neglect, or substance abuse, the court may restrict or deny possession rights and may order supervised visitation or another arrangement that protects the child.