When parents in Brownsville or elsewhere in the Rio Grande Valley separate, the court order that sets each parent's time with the children is usually called a possession order. Many Texas orders use the standard possession order, often shortened to "SPO," found in Chapter 153 of the Texas Family Code. This article outlines what the statute says about when the SPO applies, the basic weekend, weekday, holiday, and summer schedules, and how a court may vary them. It does not predict outcomes. The Texas State Law Library custody and visitation guide and Texas courts self-help pages also point to statutes and self-help resources. Sources were checked on October 20, 2026.

Key terms

In Chapter 153, a managing conservator usually has the right to designate the child's primary residence, and a possessory conservator has periods of possession set by the order. Parents may also be joint managing conservators. Section 153.135 says joint managing conservatorship does not require equal or nearly equal periods of possession. The Texas State Law Library notes that possession orders are usually issued as part of a suit affecting the parent-child relationship (SAPCR).

When the SPO is presumed to apply

Section 153.252 creates a rebuttable presumption that the SPO provides reasonable minimum possession for a parent named as a possessory conservator or joint managing conservator and is in the best interest of the child. Section 153.251 says the SPO is designed for a child three years of age or older, and states a policy of encouraging frequent contact between a child and each parent.

For a child under three, Section 153.254 directs the court to render an order appropriate under the circumstances after considering listed factors, and to render a prospective order taking effect on the child's third birthday, which presumptively will be the SPO.

Agreement comes first

Section 153.311 requires the SPO to state that the parties may have possession at times mutually agreed to in advance, and that the specified terms apply in the absence of agreement. Section 153.255 allows the court to render an order that varies from the SPO based on the parties' agreement, and Section 153.007 addresses written agreed parenting plans.

Parents who live 100 miles or less apart

Under Section 153.312, when the possessory conservator lives 100 miles or less from the child's primary residence, the basic schedule includes:

  • Weekends: the first, third, and fifth Friday of each month, from 6 p.m. Friday to 6 p.m. Sunday.
  • Thursdays: during the regular school term, 6 p.m. to 8 p.m., unless the court finds this is not in the child's best interest.
  • Spring break: the possessory conservator in even-numbered years and the managing conservator in odd-numbered years.
  • Summer: 30 days for the possessory conservator. With written notice by April 1, the dates can be chosen within limits, in up to two periods of at least seven days. Without notice, the period is July 1 to July 31.

The section also gives the managing conservator certain summer weekend rights when written notice is given by April 15.

Parents who live 50 miles or less apart

Section 153.3171 says that if the possessory conservator lives not more than 50 miles from the child's primary residence, the court shall alter the SPO as if the conservator had elected the alternative beginning and ending times in Section 153.317. In general, that means periods begin when school is dismissed and end when school resumes. This does not apply if the possessory conservator declines, if possession is being restricted under Section 153.004, or if the court finds the alternative times are not in the child's best interest.

Parents who live more than 100 miles apart

Section 153.313 gives the possessory conservator a choice between the regular first-third-fifth weekend schedule or one weekend per month of their choice with 14 days' notice. Spring break goes to the possessory conservator every year. The summer period is 42 days; without April 1 notice, it runs from June 15 to July 27. The managing conservator also has notice-based summer rights.

Holidays, regardless of distance

Section 153.314 sets holiday periods that override conflicting weekend or Thursday periods:

  • Christmas break: in even-numbered years, the possessory conservator has the first half, from school dismissal to noon on December 28; in odd-numbered years, the second half, from noon on December 28 until the day before school resumes. The managing conservator has the other half.
  • Thanksgiving: the possessory conservator in odd-numbered years, from school dismissal to 6 p.m. Sunday; the managing conservator in even-numbered years.
  • Child's birthday: the parent who does not otherwise have the child that day has 6 p.m. to 8 p.m.
  • Father's Day and Mother's Day: the father has the Father's Day weekend and the mother has the Mother's Day weekend, from 6 p.m. Friday to 6 p.m. Sunday.

Section 153.315 extends a weekend when a student holiday or teacher in-service day falls on the adjoining Monday or Friday during the school term, and for certain Monday or Friday holidays in summer.

Pickups, returns, and notice

Section 153.316 lists general terms that apply regardless of distance, including where the child is surrendered and returned, returning the child's personal effects, allowing either parent to designate a competent adult to pick up and return the child, and giving notice when a parent will not exercise a period. Written notice by email or fax is timely if received or postmarked by the deadline. Section 153.317 lets a conservator elect alternative beginning and ending times before or when the order is rendered.

When the SPO is not used

Section 153.253 directs the court to order periods as similar as possible to the SPO when work schedules, other special circumstances, or a year-round school schedule make the SPO unworkable or inappropriate. Section 153.256 lists factors for orders other than the SPO, and Section 153.258 allows a party, in a contested case, to request written reasons for a variance. Section 153.004 requires the court to consider family violence and limits access in certain circumstances.

Step by step: a practical overview

Step 1: Read the statute and your current order

If you already have an order, read its actual terms; an order can differ from the statutory schedule. Compare it with Chapter 153, Subchapter F.

Step 2: Estimate the distance between homes

The 50-mile and 100-mile thresholds affect which schedule applies, so note where each parent lives.

Step 3: Track the April notice dates

Many summer rights depend on written notice by April 1 or April 15. Calendar them each year.

Step 4: Keep written records of exchanges and notices

Section 153.316 recognizes email and fax as written notice. Keep copies.

Step 5: Talk with a lawyer before changing the schedule

Agreed changes can be written into an order. Our earlier article explains modifying a Texas custody or support order, and our article on starting a Texas divorce covers temporary orders while a case is pending.

Frequently asked questions

Does the SPO give both parents equal time?

Not necessarily. Section 153.135 says joint managing conservatorship does not require equal or nearly equal possession.

Can possession be withheld if child support is unpaid?

Section 153.001(b) says a court may not render an order that conditions possession or access on payment of child support. See our article on Texas child support guidelines.

Does the SPO apply to a toddler?

Section 153.251 says the SPO is designed for children three and older. Section 153.254 governs children under three.

Is there a special rule if a parent lives in Mexico?

Subchapter F does not contain a separate rule for parents who live outside the United States; its distance provisions refer to where the possessory conservator resides. International travel and jurisdiction questions are fact-specific, so ask a lawyer.

Questions in Brownsville and South Texas

Families in Brownsville and the Rio Grande Valley often want a clear picture of how the standard possession order works before agreeing to a schedule or asking a court for one. CRG Law's Brownsville office works with clients on family law matters that include conservatorship and possession under Chapter 153. Contact the office with questions about these basics.