Standard Possession Order in Texas

Custody cases often turn into battles over who is “primary” with the children. More accurately, this refers to which parent has the exclusive right to designate the child’s primary residence. Parents spend thousands of dollars fighting for this title, often under the impression that it gives them significantly more time with their children. Unfortunately, that belief is mistaken. To understand how time is actually divided, you need to look at the Standard Possession Order in Texas.

The Standard Possession Order for the “non-custodial” parent appears in Section 153.3101 of the Texas Family Code. The law presumes this schedule is in the child’s best interest. If you live within 50 miles of the “custodial” parent, you receive possession of the children during the school year on the first, third, and fifth weekends—from the time school ends until it resumes the following week. If Monday is a holiday, the weekend extends until Tuesday. You also receive possession every Thursday from the time school ends until it resumes on Friday. Parents split summer and holiday time evenly. When you add it up, each parent spends about 48% to 52% of the time with the children, once you account for school hours and time spent sleeping.

This schedule hasn’t always looked this way. The current Standard Possession Order took effect in 2021 and created a much more balanced approach. Before that, the order gave the non-custodial parent far less time. While holidays and summers remained the same, the school year schedule was shorter. Thursdays lasted only from 6 p.m. to 8 p.m., and weekends ran from Friday at 6 p.m. to Sunday at 6 p.m.

So what are Parents fighting for?  

It’s not really about the schedule. It’s also not about decision-making authority over the children. The only decision a “primary” parent actually gets more power over than the “non-custodial” parent is deciding which school district the child attends. Medical, educational, psychiatric, and psychological decisions all default to “independent,” which means either parent can make them equally.

So what is “primary custody” really about? It’s about money. Under the Family Code, the court presumes the “non-custodial” parent will pay guideline child support to the “custodial” parent—even when the non-custodial parent has the children 48% of the time under the Texas Standard Possession Order. The maximum guideline support for one child is $1,840 a month, and the amount increases with additional children. The state has not updated the child support formula to reflect the expanded visitation schedule. It made more sense when the non-custodial parent only had the children around 35% of the time. But with today’s schedule being nearly equal, the formula feels outdated.

Does that mean every parent who asks for primary custody is greedy or doesn’t care about their children? Absolutely not. Many parents simply don’t know the reality. They don’t realize that decision-making will likely be equal, the schedule will be nearly balanced, and the only real differences are the child support amount and maybe a few extra overnights—unless more serious circumstances justify breaking those presumptions.

When you prepare for a custody fight, you need to understand the law, the presumptions, and the likely outcomes. I’ve seen countless cases that could have been avoided if both parents had been better informed. Instead of fixating on titles and designations, focus on your children’s actual needs—their schedule, their financial stability, and their emotional well-being. Judges respond far more favorably to arguments that prioritize the children rather than labels. Understanding the Texas Standard Possession Order can help you prepare realistically and set better expectations.