In Texas, visitation is legally called “possession and access.” Non-custodial parents in Houston are typically entitled to parenting time under the Standard Possession Order (SPO) or, when living within 50 miles of the child, the Expanded Standard Possession Order (ESPO). These schedules are designed to promote consistent and meaningful contact between parents and children while serving the child’s best interests. However, every case is unique — courts can modify these schedules based on distance, the child’s age, and special circumstances such as safety or health concerns.
Understanding Possession and Access in Texas
Texas doesn’t use the term “custody” in family law. Instead, it uses conservatorship to describe parental rights and responsibilities. The managing conservator typically determines where the child lives, while the possessory conservator (often the non-custodial parent) is granted scheduled time with the child through a possession order.
Under Texas Family Code Chapter 153, the court’s guiding principle is the best interest of the child. State policy encourages frequent contact between the child and both parents, provided each is fit and capable of providing a safe environment.
Courts in Harris County and Montgomery County, which include The Woodlands and surrounding Houston areas, generally follow the SPO or ESPO unless specific circumstances justify a different schedule.
The Standard Possession Order (SPO)
The Standard Possession Order sets a default schedule for non-custodial parents of children aged three and older. It provides a consistent, predictable structure that includes:
- The first, third, and fifth weekends of each month
- One weekday visit (typically Thursday evening during the school year)
- Alternating holidays (Thanksgiving, Christmas, Spring Break)
- Extended summer visitation
For families living more than 100 miles apart, the order adjusts by offering longer blocks of time during holidays or summer in exchange for fewer weekend visits.
The SPO serves as the baseline schedule, but parents may agree to modify it through a written agreement or seek a custom schedule in court if it better fits their child’s needs.
The Expanded Standard Possession Order (ESPO)
As of September 1, 2021, Texas law presumes that the Expanded Standard Possession Order is in the child’s best interest when parents live 50 miles or less apart.
Under this schedule, non-custodial parents receive additional time, including:
- Extended weekends that begin after school Friday and end Monday morning when school resumes
- A weekly overnight during the school year
- Increased flexibility for school pickups and drop-offs
This expanded schedule encourages greater involvement in the child’s daily life — such as attending school events and participating in weekday routines — which supports stronger parent-child relationships.
Adjustments for Distance and Age
When Parents Live Farther Apart
If parents live more than 100 miles apart, the court adjusts the possession schedule to reduce travel strain. This may mean fewer weekend visits but longer continuous periods during school breaks or holidays.
For Children Under Three
The SPO doesn’t automatically apply to children under three. Courts create customized schedules for infants and toddlers that promote bonding while considering developmental needs, feeding schedules, and stability.
Special Circumstances
In cases involving family violence, substance abuse, or other safety concerns, courts can order supervised visitation, restrict overnight stays, or require exchanges at neutral locations. Protecting the child’s well-being always comes first.
Holiday and Summer Visitation
Texas law outlines detailed holiday and summer possession schedules that override regular weekends. Examples include:
- Christmas Break: One parent has the first half of the break; the other gets the second half.
- Thanksgiving: Alternates annually between parents.
- Mother’s and Father’s Day: Each parent is entitled to the day honoring them.
- Summer Vacation: The non-custodial parent usually gets up to 30 days of summer possession (or longer if living over 100 miles away).
Since these periods depend on the child’s school calendar, parents should coordinate early each cyear to plan exchanges smoothly.
Enforcing a Possession Order
If one parent withholds court-ordered visitation, the other parent can enforce the order through a Motion for Enforcement under Texas Family Code Chapter 157.
To support enforcement:
- Keep detailed records of denied visits, including dates, messages, and any witnesses.
- Bring a copy of your court order when filing.
- File the motion in the court of continuing jurisdiction, usually the one that issued your original order.
Courts can order make-up visitation, impose fines or contempt penalties, and award attorney’s fees. In serious cases, continued interference can even lead to a modification of custody or visitation.
For Houston-area parents, enforcement motions are typically handled in Harris County Family Courts. Many courts encourage mediation before filing, so consult your attorney about available alternatives to court action.
Modifying a Possession Order
Life changes — jobs, moves, or school schedules — can make an existing order impractical. You can request a modification if:
- There’s been a material and substantial change in circumstances since the order was issued, and
- The proposed modification is in the child’s best interest.
Common reasons for modification include:
- A parent relocating to another city or state
- A change in work schedule
- The child’s evolving needs (education, health, or age-related considerations)
- Repeated interference with visitation
If both parents agree on a new schedule, courts often approve it quickly. Otherwise, a hearing determines whether the change meets legal requirements.
For parents in The Woodlands or Houston, modifications are filed in the original court that issued your order — often in Harris or Montgomery County.
Practical Tips for Non-Custodial Parents
- Stay organized: Keep a copy of your court order and track all visitation dates and communications.
- Be punctual: Arrive on time for pickups and drop-offs, and follow exchange details exactly.
- Document everything: Written communication helps avoid misunderstandings.
- Plan ahead: Coordinate with school calendars, extracurricular activities, and holiday breaks.
- Put the child first: Maintain a calm, cooperative attitude — it reflects well if disputes reach court.
- Communicate effectively: If problems arise, notify the other parent respectfully and propose solutions.
For Houston families, traffic and distance can make exchanges stressful. Consider neutral, public meeting spots halfway between homes to make transitions easier for everyone.
When Safety Becomes an Issue
If there are allegations of neglect, abuse, or family violence, courts can restrict or suspend visitation until it’s safe to resume. They may:
- Require supervised visitation at an approved facility
- Order counseling or parenting classes
- Prohibit alcohol or substance use before visits
Any parent concerned about safety should consult an attorney immediately. Documentation, police reports, and witness statements can be crucial in modifying or enforcing a protective order.
Frequently Asked Questions
Can visitation be denied if child support isn’t paid? No. Child support and visitation are separate issues. Failing to pay support doesn’t eliminate the right to possession and access.
Can my child refuse visits? Not without a court’s approval. For children aged 12 and older, the judge may interview them to consider preferences, but those views aren’t binding.
Do I automatically get the Expanded Order if I live 45 miles away? Not automatically. The court presumes it’s best, but you still need to demonstrate that it serves the child’s interests.
Can I request longer summer visits? Yes. Non-custodial parents can usually request up to 30 days, but you must give notice by the deadline stated in your order — often April 1st.
What if the custodial parent moves out of state? That may qualify as a “material and substantial change.” You can request a modification or relocation hearing to protect your parenting time.
Conclusion
Maintaining a strong bond with your child after divorce or separation is possible — and protected by Texas law. Whether you’re seeking to establish, enforce, or modify a visitation schedule, understanding your rights and responsibilities is essential.
At Morgan Bourque Attorney at Law, our family law team provides compassionate, knowledgeable guidance to parents navigating visitation and conservatorship matters. We help clients throughout Houston, The Woodlands, and surrounding areas protect their parental rights and ensure the best possible outcome for their families.
If you’re facing challenges with visitation or enforcement, contact our team today or call (713) 766-6001 to schedule a confidential consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.