Texas Visitation Rights & Possession Orders
Texas calls visitation “possession and access.” Whether you’re a parent trying to expand your time, a parent being denied time, or a grandparent seeking access, the law gives you specific rights – and specific tools to enforce them.
Visitation in Texas - The Terminology
Texas uses three terms in place of “visitation”:
- Possession – the time a parent has physical custody of the child
- Access – the right to be present with or contact the child even outside of possession (phone, electronic communication)
- Possession Order – the court-ordered schedule that controls when each parent has possession
The Texas Standard Possession Order
For children age 3 and older, Texas law presumes the Standard Possession Order is in the best interest of the child. Under the basic SPO, the parent without primary residence designation has:
During the school year:
- 1st, 3rd, and 5th weekends of each month (Friday 6 PM – Sunday 6 PM)
- Thursday evenings (6 PM – 8 PM)
Summer:
- 30 days during summer vacation (designated by April 1)
Holidays:
- Alternating Thanksgiving (even or odd years)
- Split Christmas (one half Dec 18–28, the other Dec 28–start of school)
- Every spring break in even or odd years
- Father’s Day weekend for fathers, Mother’s Day weekend for mothers
- Child’s birthday
The Expanded Standard Possession Order
The Expanded SPO (sometimes called the “election” or “Sunday election” SPO) gives the non-primary parent significantly more time. Differences from the basic SPO:
- Weekend possession begins when school is released on Friday (or 6 PM if no school) and ends when school resumes on Monday (or 6 PM)
- Thursday becomes an overnight – pickup at school release, return at school start Friday
A non-primary parent can elect the Expanded SPO by giving notice to the other parent. Unless the other parent can show why it’s not in the child’s best interest, the court must grant it if requested in writing.
Get Kuehm.
Possession of Children Under Age 3
The SPO does not automatically apply to children under 3. Instead, the court fashions a possession order in the child’s best interest based on factors like:
- The caregiving role of each parent during marriage
- The age and developmental needs of the child
- Whether the child is breastfeeding
- The work schedules of each parent
- Geographic proximity
These schedules typically build up over time – short, frequent visits as an infant, transitioning to overnight and longer possession as the child matures.
Custom and 50/50 Possession Schedules
Many Texas parents – by agreement or court order – use possession schedules other than the SPO:
- Week-on / week-off (1 week with each parent, exchanged Sunday or Friday)
- 2-2-3 or 2-2-5-5 (alternating short blocks)
- Equal possession with school in mind (one parent during school week, alternate weekends)
- Long-distance schedules (when parents live in different cities or states)
When parents agree, the court will almost always sign off on a reasonable custom schedule. When they don’t agree, the court applies the SPO as the starting point.
Grandparent Visitation Rights in Texas
Texas grandparent visitation is narrow. A grandparent generally must prove:
- At least one of the child’s parents has rights (not terminated, not deceased without termination), AND
- The parent denying access is not the grandparent’s own incarcerated, deceased, or non-parental child, AND
- That denying visitation would significantly impair the child’s physical health or emotional well-being.
This is a high bar. Texas courts give substantial weight to a fit parent’s decision to limit grandparent contact.
When Your Co-Parent Won't Honor the Order
If your co-parent is refusing your court-ordered possession, you have options:
- Document every denial – date, time, what happened, who was present
- Send written demand – email or text creating a paper trail
- File for enforcement (see Enforcements) – the court can order make-up possession, fines, attorney’s fees, and even jail time for contempt
- File for modification if a pattern of denial requires changing the order
The biggest mistake parents make: stopping child support payments in retaliation. Don’t. Texas treats those as separate obligations. Withholding support won’t help your visitation case – but it will create a separate enforcement action against you.
Modifying Your Possession Order
Possession orders are modified when:
- The child’s age and schedule have changed
- A parent’s work hours, shift, or location has changed
- The order no longer fits the child’s school calendar or activities
- One parent has moved (within the geographic area) or wants to
(See Modifications for the full standard.)
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Can a parent deny visitation if child support isn't paid?
No. Texas treats possession and support as independent obligations. Denying visitation because support wasn't paid is a violation of the order and can be punished by contempt.
Can a child refuse to visit a parent in Texas?
No - not legally. A child cannot unilaterally refuse a court-ordered visit. The custodial parent has a legal duty to deliver the child for possession. If the parent isn't making genuine efforts to encourage the visit, they can be held in contempt.
What happens if my ex moves and won't let me see the kids?
File for enforcement and, depending on the move, modification of the geographic restriction. Act quickly - courts are less sympathetic to a parent who waits months to complain.
Do grandparents have visitation rights in Texas?
Limited rights. A grandparent must meet specific statutory criteria and prove that denial of visitation significantly impairs the child's physical health or emotional well-being.
Can I get a 50/50 possession schedule in Texas?
Yes - by agreement or, if contested, by convincing the court that 50/50 is in the child's best interest. Courts increasingly approve equal-time schedules when both parents are involved, willing, and live near enough to the school.
Talk to a Houston Visitation Rights Attorney
Whether you need to expand your time with your child, defend against changes, or enforce an order that’s being violated, the right strategy depends on the facts and the court. Let’s talk through yours.
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