TIME DISTRIBUTION OF TEXAS’ STANDARD POSSESSION ORDER AND EXPANDED STANDARD POSSESSION ORDER

Due to the various claims regarding the time distribution of the Standard Possession Order (SPO) and the confusion that the conflicting information has caused, this report is assembled to describe in detail, and to give an accurate account, of how much time children currently spend with their primary and non-primary parent under Texas’ Standard Possession Order (SPO) and Expanded Standard Possession Order (ESPO).

Texas’s Standard Possession Order is described in Chapter 153, Subchapter F, of the Texas Family Code. This analysis will detail the schedule when parents reside 100 miles or less apart.

Contents

The Standard Possession Order as Specified Texas Statute. 1

The Texas Standard Possession Order- A Visual Representation. 5

The Expanded Standard Possession Order as Specified Texas Statute. 9

The Expanded Texas Standard Possession Order- A Visual Representation. 12

The Standard Possession Order as Specified Texas Statute #

Currently under the Standard Possession Order, children spend the following times and dates with their non-primary parents:

1. 1^st, 3^rd and 5^th weekends during school year from 6:00pm Friday to 6:00pm Sunday:
   • § 153.312(a)(1)
2. 6pm to 8pm on Thursdays evenings during the school year, but loses Thursday’s during summer
   • § 153.312(a)(2)
3. Entire Spring Break on even numbered years
   • § 153.312(b)(1)
4. Summer- Non-Primary parent gets either 30 consecutive days for extended summer periods or 2 blocks equaling 30 days.
   • § 153.312(b)(2)(b)
5. Summer- Primary Parent loses 1 weekend during extended summer periods to primary parent
   • § 153.312(b)(3)
6. Summer- Primary Parent loses 1 weekend during normal summer period to primary parent
   • § 153.312(b)(4)
7. Christmas Break from 6pm on day school is released until noon, December 28^th , on even numbered years
   • § 153.314(1)
8. New Years Eve break – from noon on December 28^th until 6pm the day before school resumes on odd numbered years
   • § 153.314(2)
9. Thanksgiving Break- from 6pm when school is dismissed until 6pm the following Sunday on even numbered years
   • § 153.314(3)
10. Child’s Birthday- 6pm-8pm if not otherwise entitled to have child on that day
    • § 153.314(4)
11. Father’s Day- 6pm on Friday preceding Father’s Day until 6pm on Father’s day, if not otherwise entitled to possession on that day
    • § 153.314(5)
12. Mother’s Day- Child will be with mother on Mother’s day from 6pm on Friday preceding Mother’s Day until 6pm on Mother’s day, if mother not otherwise entitled to possession on that day
    • § 153.314(6)
13. Extended weekends due to Holidays- If student holiday falls on Monday and non-primary parent entitled to possession the weekend before, possession extends to Monday at 6pm. If student holiday falls on Friday and non-primary parents possession begins on that Friday, possession begins on Thursday before at 6pm.
    • § 153.315(a),(b)

The Texas Standard Possession Order- A Visual Representation #

The visual representation of the Texas Standard Possession Order was created using software from CustodyXChange (www.custodyxchange.com). The dates and times used for the schedules corresponds to the SPO as according to statute, and the school schedule for Round Rock ISD. The program breaks the SPO down into hours (according to statute the SPO is specified according to the hour that possession periods begin and end on any given day). Since the amount of possession varies slightly each year due to each parent having different holidays on odd and even years, a 2 year average is used to calculate the amount of average possession time and overnights. Only Birthdays have been left off, since this date for children obviously varies and it only accounts for a minimal amount of possession time.  Lastly, since the extended summer possession gives the child and non-custodial parent an unusually large amount of possession time in the summer, not only is data is calculated according to a complete and full year, but data is also given when the extended summer possession is excluded. This is to show the time distribution and overnights for the majority of the year, without the unusually high amount of possession time in the summer elevating the yearly average, an important distinction according to social scientist concerned with these types of time distributions.

Key Findings:

	Total time (hrs)	% time	Total overnights	% overnights
Time with non-custodial parent	2,305	26.3%	93	25.4%
Time with custodial parent	12,934	73.7%	272.5	74.6%

Table 1: Standard Possession Order Time/Overnight Distribution using two year average with entire years

	Total time (hrs)	% time	Total overnights	% overnights
Time with non-custodial parent	1,657	20.5%	66	19.6%
Time with custodial parent	6,467	79.5%	270.5	80.4%

Table 2: Standard Possession Order Time/Overnight Distribution using two year average, excluding extended summer possession period

 The Expanded Standard Possession Order as Specified Texas Statute #

Currently under the “Expanded” Standard Possession Order in section 153.317 of the Texas Family Code, a non-custodial parent can elect to extend their possession periods by choosing earlier pick-up times and later drop of times. The following description and analysis will assume a maximally increased Standard Possession Order, where a parent elects, and a court allows, all the extra time that the Expanded SPO allows for.

1. If elected, the court can alter the standard possession order, subject to the court’s discretion.
2. Weekends begin when school is dismissed on Fridays and end when school resumes the following Monday.
3. Thursdays Begin when school is dismissed on Thursdays and when school resumes the following Friday
4. Spring Breaks begin when school is dismissed for Spring Break
5. Christmas Breaks begin when school is dismissed for Christmas
6. Thanksgiving Breaks begin when school is dismissed for Thanksgiving break
7. Father’s Day ends at 8 a.m. on the Monday after Father’s Day weekend
8. Mother’s Day begins when school released the Friday before Mother’s Day and ends when school resumes after mothers day
9. Extended weekends due to Holidays- If student holiday falls on Friday and non-primary parents possession begins on that Friday, possession begins on Thursday when school ends.