If you have children, Texas law requires that you and your spouse have written custody and parenting time agreement in place before the judge grants you a divorce.
While you and your spouse can devise your own parenting time and visitation schedule, the Texas Court System explains that if the two of you fail to agree on one, Texas will impose its own default arrangement, called a Standard Possession Order.
The SPO provides detailed visitation information for two post-divorce situations: when you and your former spouse live within 100 miles of each other and when you live more than 100 miles apart.
Living within 100 miles of each other
If you become your children’s custodial parent, your former spouse, called the noncustodial parent, gets the children at the following times if the two of you live within 100 miles of each other:
- The first, third and fifth weekend of each month from Friday at 6 pm to Sunday at 6 pm
- Thursday evening of every week from 6-8 during your children’s school year
- Additional extended visitation time during your children’s summer vacations
Living farther than 100 miles from each other
If you and your children’s noncustodial parent establish post-divorce residences further than 100 miles apart, he or she gets the children at the following times:
- His or her choice of one weekend each month from Friday at 6 pm to Sunday at 6 pm
- Additional extended visitation time during your children’s spring breaks
- Additional extended visitation time during your children’s summer vacations
Holidays
The SPO likewise provides detailed instructions applying to your children’s holidays, such as Thanksgiving, Christmas, birthdays, etc.
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