When parents divorce or separate, the most pressing question is often, “When will I get to see my child?” This concern is rooted in love, frustration, and uncertainty, and it’s exactly why Texas has parenting time guidelines.
Texas law defines parenting time as the court-ordered schedule that outlines when each parent has the right to be with their child. These schedules apply no matter where the child lives and are typically established through a court order, such as a custody order or access order. Parenting time is legally separate from child support and must be followed regardless of payment status.
If you’re unsure what your rights are or how these rules apply to your family, The Law Office of Katy M. Lovett is here to help. Contact us online or call 512-956-5356 to schedule a consultation.
Understanding Parenting Time Guidelines in Texas
Parenting time is Texas’ legal term for the schedule that controls when each parent has possession of and access to their child. It is part of every custody case, whether it’s established through mutual agreement or decided by a judge. These rules apply whether the parents divorce or were never married, and they are structured to support the child’s development and stability.
Under Texas law, parenting time is tied directly to conservatorship. A sole managing conservator may have broader decision-making rights, while a joint managing conservator shares responsibilities with the other parent. Regardless of the conservatorship arrangement, parenting time is still defined through a court order, often using a standard possession order as the baseline.
Clear possession and access guidelines reduce confusion and conflict, especially as the child grows. A well-structured parenting time schedule helps encourage consistency and gives the child a strong sense of security in both homes.
What Is a Standard Possession Order in Texas?
A Standard Possession Order (SPO) is the default parenting time schedule used in Texas family courts. It usually applies unless parents agree to a different schedule or the court determines another plan better supports the child.
The Texas Family Code presumes that the SPO is in the best interest of the child. It gives the noncustodial parent regular, predictable possession and access, including weeknights, weekend visits, holidays, and summer breaks. The custodial parent remains the primary caretaker and typically determines where the child lives.
In most cases, the custodial parent is named the managing conservator, while the noncustodial parent is the possessory conservator. The possessory conservator is the one who receives parenting time under the standard possession order.
This schedule works well for parents who live relatively close to each other and want to maintain a structured routine that supports the child’s stability and school attendance.
What Is an Access Order in Texas?
An access order gives a parent the legal right to spend time with their child, even if they are not the primary caregiver. While a standard possession order applies in most cases, Texas courts may issue a different access order when the usual standard possession order schedule isn’t appropriate.
Depending on the circumstances, access can be supervised, restricted, or unsupervised. For instance, if there are concerns about a parent’s ability to provide safe care, the court might require visits in the presence of a neutral third party. These arrangements are designed to protect the best interest of the child while preserving the parent-child relationship.
Access orders may also be used when one parent lives far away or the child’s needs call for a different schedule than what’s found in a standard possession order. Sometimes, a court may limit access without completely removing it, allowing the child to maintain a relationship with the noncustodial parent while providing appropriate safeguards.
How Is Parenting Time Calculated in Texas?
When deciding how to structure parenting time, Texas courts consider what will best support the child’s physical and emotional needs. The goal is to promote stability while maintaining the parent-child relationship.
Courts review several factors, including:
- How far the parents live from each other
- The child’s age, developmental needs, and school schedule
- Each parent’s ability to maintain a safe and consistent environment
- Work schedules, travel demands, and communication between the parents
In many cases, the judge will apply the standard possession order. The court can approve a modified plan if the family’s situation calls for a different schedule, such as when one parent works nights or lives in another city or state.
Whether parents divorce or were never married, the final parenting time schedule becomes part of the custody order and is formalized in a court order. That schedule is legally binding and must be followed by both sides unless both parties agree otherwise in writing in advance.
Texas Visitation Schedules Explained
When parents live within 50 miles of each other, the Texas standard possession order sets the default parenting time schedule. The noncustodial parent is typically awarded visitation on the weekends following the first, third, and fifth Fridays of each month. Thursday evening visits are also included during the school year, providing regular and consistent possession and access that supports the child’s life and routine.
If the parents live farther apart, the court may adjust the schedule. At distances between 51 and 100 miles, Thursday visits may be removed. Once parents live more than 100 miles apart, the court may shift from weekly weekend visits to longer blocks of time during school holidays and summer vacation.
School calendars play a central role in Texas parenting time arrangements. The parenting time schedule typically starts when school lets out and ends when school begins again. Extra time may be added when a school holiday or Friday falls before a three-day weekend, giving the child more uninterrupted time with the noncustodial parent.
School Year Schedule in a Standard Possession Order
During the school year, the standard possession order gives the noncustodial parent regular time with the child, which promotes consistency and routine. This includes the weekend following the first, third, and fifth Friday of each month. Weekend possession typically begins when school lets out on Friday and ends on the day school begins the following Monday.
The noncustodial parent is also entitled to Thursday evening weekly visits during the school term. These midweek visits usually begin at the time the child’s school is dismissed on Thursday and ends at the time the child’s school resumes the next day..
Pickups and drop-offs are tied to the school calendar to reduce disruption. For the weekend, the parent’s time with the child starts at dismissal on the day school ends and concludes when school begins again. If a school holiday or teacher workday extends the weekend, the possession period is automatically lengthened unless the parents agree otherwise. This structure keeps transitions predictable and minimizes last-minute scheduling issues.
Holiday Schedules and Standard Possession Orders
Holidays alternate every year. This means one parent has the child during Thanksgiving in even-numbered years, and the other parent has that time in odd-numbered years. The same applies to Christmas, New Year’s Day, and spring break.
The schedule ensures both parents have opportunities to create lasting memories during special moments in the child’s life.
Mother’s Day, Father’s Day and Other Special Occasions
The standard possession order reserves specific time for Mother’s Day, Father’s Day, and the child’s birthday, even if those dates fall outside the regular parenting time schedule.
The mother has the exclusive right to possession from the time the child’s school lets out on the Friday before Mother’s Day until the time the child’s school resumes after Mother’s Day for Mother’s Day weekend. The same applies to the father for Father’s Day weekend. These exceptions give each parent uninterrupted time to celebrate with their child, regardless of the regular possession schedule.
For the child’s birthday, if one parent does not have scheduled possession, they may have access from 6 p.m. to 8 p.m..
Summer Parenting Time Schedule in Texas
During summer vacation, the non-custodial parent is entitled to an extended period of possession lasting up to 30 consecutive days under the standard possession order. To select specific dates, written notice must be given to the custodial parent by April 1. If no notice is provided, the default schedule runs from July 1 to July 31.
When the parents live more than 100 miles apart, summer possession may be longer, and the noncustodial parent is also entitled to spring break every year. This extended period allows the child to spend more time with the noncustodial parent, especially when regular weekend visits are harder to manage due to distance.
If schedules conflict, Texas courts may step in, but most issues can be avoided by meeting the notice deadlines and following the terms of the possession order.
Election Schedules and Notice Deadlines
Under Texas Family Code § 153.3101, parents can request specific visitation periods instead of following the default schedule in the standard possession order.
To select summer visitation dates, the noncustodial parent must give written notice by April 1. If no notice is given, the schedule defaults to July 1 through July 31. The custodial parent can choose one weekend during this extended period, with notice due by April 15.
These election deadlines help both parents coordinate travel, request time off, and maintain a consistent routine.
Parenting Time When Parents Live Far Apart
When parents live in different cities or states, parenting time arrangements may need to be adjusted. Texas law offers flexible options to help ensure the child maintains a strong relationship with both parents, even across long distances.
If Parents Live 50 Miles or Less
When parents live within 50 miles of each other, Texas courts typically apply the full Standard Possession Order. This default court order includes visits on the first, third, and fifth weekends of each month, Thursday evening visits during the school year, and shared holiday schedules.
Pickup and drop-off usually occur at the child’s school or another agreed location, starting when the child gets out of school Friday and ending when they return on Monday morning.
If Parents Live 51 to 100 Miles Apart
The Standard Possession Order still applies when parents live between 51 and 100 miles apart, but the court may modify specific terms. Weekend and holiday visits usually remain in place, but midweek visits are often removed or adjusted. These changes are meant to accommodate the child’s school schedule, the parents’ work obligations, and travel time.
In some cases, the child spends longer stretches with each parent to reduce frequent back-and-forth travel, while still preserving the intent of the default court order.
If Parents Live Over 100 Miles Apart
When parents live more than 100 miles apart, Texas courts modify the standard possession schedule to reflect the realities of long-distance travel. Weekend visits may be limited in favor of longer periods during summer break or school holidays. The goal is to ensure the child spends quality time with both parents while minimizing travel disruption.
The court may order one parent to cover transportation costs, or the parents may be required to share the expense. Out-of-state relocations do not automatically change the Texas court’s authority over the custody order as long as jurisdiction remains.
If you’re facing challenges with long-distance custody or need help creating a long-distance parenting plan in Texas that works, Attorney Katy M. Lovett provides legal guidance tailored to families throughout Round Rock and Williamson County.
Co-Parenting With a Standard Possession Order
A standard possession order works best when parents communicate well. Co-parenting tools like shared calendars or communication apps can reduce misunderstandings and support consistency in the parent-child relationship.
A positive co-parenting arrangement makes transitions smoother and reduces stress for everyone involved.
Electronic Communication in Parenting Time Plans
Most parents who live far apart use electronic communication to help keep the parent-child bond strong. This may include:
- Video calls
- Texts and messages
- Scheduled phone calls
Courts sometimes include virtual access in the access order or standard possession language, especially in long-distance or high-conflict situations.
What Happens When a Court Order for Parenting Time is Violated?
If a parent refuses to follow a court-ordered possession schedule, the other parent may file a motion to enforce the order. Texas courts can impose consequences such as fines, makeup parenting time, or even jail time if the violation is willful and ongoing.
To support an enforcement case, it’s important to document missed visits, communication attempts, and any patterns of noncompliance. Contempt proceedings or, in some cases, police enforcement may be necessary if one parent repeatedly interferes with the child’s access or custody schedule.
Can Parenting Time Be Withheld If Child Support Isn’t Paid?
No. Parenting time and child support are considered separate matters under Texas law. A custodial parent cannot legally withhold visitation because the other parent has missed child support payments. Similarly, a parent who is denied access must still pay child support as ordered.
Violating a court order in either case can lead to enforcement actions. While parenting time issues are handled in possession and access hearings, child support enforcement is typically managed through the Child Support Division of the Attorney General’s Office. If you are dealing with either issue, a Round Rock child support enforcement attorney can help you take the proper legal steps.
Can You Modify a Standard Possession Order in Texas?
Yes. Parents can request a modification when circumstances change, such as a new job, relocation, or health issue affecting the child’s life. The court will review the facts to decide if a new parenting time schedule is in the best interest of the child. Either parent can file, but they must show that the change is significant.
A Round Rock family law order modification lawyer can help present the evidence needed and guide you through the process.
Special Custody Order Considerations for Infants and Young Children
Babies and toddlers may not adapt well to long separations. Texas courts may approve possession orders with shorter, more frequent visits for young children.
A parenting plan for infants may include gradual increases in time to support bonding and routine. The child’s age, nursing schedule, and attachment are all considered.
Why Choose Katy Lovett for Child Custody and Parenting Time Cases
At The Law Office of Katy M. Lovett, we understand how emotional and personal child custody issues can be. As a Round Rock child custody lawyer, Katy brings trusted local experience in Williamson County courts and provides families with reliable, compassionate legal support.
Whether you’re establishing a new possession order, modifying a parenting schedule, or enforcing an existing one, we offer clear communication and dedicated guidance every step. We aim to help you protect your rights as a parent and preserve quality time with your child.
Your Parenting Time Matters. Call The Law Office of Katy M. Lovett in Round Rock, TX
Your parenting plan in Round Rock, TX, should reflect your child’s needs and your right to be present in their life. Whether you’re seeking to enforce a court order, request a modification, or establish a fair parenting schedule, taking prompt legal action is key to protecting your parental rights.
At The Law Office of Katy M. Lovett, we take these cases seriously because we know how much is at stake. Don’t wait until missed visits or one-sided schedules cause unnecessary stress or confusion.
Call (512) 956-5356 today or contact us online to schedule a confidential consultation. We’re ready to help you assert your rights, fight for your time, and prioritize your child’s well-being.
