Texas Child Visitation Lawyers

Possession and Access Attorneys Serving Ellis, Johnson, Tarrant, and Dallas Counties

Losing time with your child is hard, and it’s normal to feel worried or unsure of your next step. In Texas, child visitation is formally called possession and access under the Texas Family Code. It works alongside conservatorship, which is what most people mean when they say custody, to decide when and how each parent spends time with their child. At McCarty-Larson, PLLC, our Texas child visitation lawyers help parents across Ellis, Johnson, Tarrant, and Dallas Counties set up possession schedules, modify orders that no longer fit, and enforce court-ordered visitation when the other parent will not comply.

When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.

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Types of Possession and Access in Texas

Texas courts recognize several forms of possession and access. The right one for your family depends on the facts of your case. In most situations, the court starts with the Standard Possession Order under Texas Family Code §153.312 and adjusts from there based on the child’s age, each parent’s work schedule, and the distance between homes. Where safety is a concern, the court can order supervised possession, or in the most serious cases, deny possession altogether.

Standard Possession Order

The Standard Possession Order, often shortened to SPO, is the default schedule Texas courts use for parents who live within 100 miles of each other. It gives the non-custodial parent possession on the first, third, and fifth weekends of each month, Thursday evenings during the school year, alternating holidays, and roughly 30 days during the summer. The SPO is written into Texas law as a presumed fair schedule, so the court starts there unless there is a reason to change it.

Expanded Standard Possession Order

Parents can also elect the Expanded Standard Possession Order. This version extends weekend possession from Friday when school lets out through Monday morning drop-off, and it extends Thursday evenings into overnight possession. The Expanded SPO gives the non-custodial parent meaningfully more time without changing the base structure of the schedule. Most parents who want more than the minimum ask for this version.

Supervised Possession

When a parent’s contact with the child would endanger the child’s physical or emotional welfare, the court can order supervised possession under Texas Family Code §153.004. Supervision can happen at a professional exchange center, through a licensed supervisor, or with a trusted family member the court approves. In most cases, supervised possession is not permanent. Once the parent addresses the underlying concern, the court can transition the order to unsupervised time.

Denial of Possession

In the most serious cases, the court can deny a parent possession and access entirely. Denial is rare and reserved for situations where any contact with the parent would put the child at risk. Even where possession is denied, Texas law generally requires the court to consider whether the parent could be granted rights again later if their circumstances change.

The Standard Possession Order Explained

Most Texas visitation cases end with some version of the Standard Possession Order, so it helps to understand what it actually looks like in practice. The SPO is built around three time blocks: regular weekends during the school year, weekday time, and extended holiday and summer possession.

Weekend Possession

Under the SPO, the non-custodial parent has possession on the first, third, and fifth weekends of each month. Standard weekends run from 6:00 p.m. Friday to 6:00 p.m. Sunday. If the parents elect the Expanded SPO, weekends start when school is dismissed on Friday and continue until school resumes Monday morning.

Weekday Possession

During the school year, the non-custodial parent has Thursday evening possession from 6:00 p.m. to 8:00 p.m. Under the Expanded SPO, Thursday possession extends overnight, from the time school lets out on Thursday until school resumes on Friday.

Holidays and Summer

Holiday possession rotates each year. In even-numbered years, one parent has Thanksgiving and the second half of Christmas break. In odd-numbered years, the schedule flips. Spring break alternates the same way. During summer, the non-custodial parent is entitled to an extended block of possession, 30 days by default and up to 42 days under certain conditions, as long as they give written notice by April 1.

Distance Matters

The full SPO assumes both parents live within 100 miles of each other. When parents live farther apart, Texas Family Code §153.313 applies a modified schedule that gives the non-custodial parent longer but less frequent blocks of possession. This usually means one weekend per month, longer summer possession, and every spring break. Understanding which schedule applies to your family is the first step in planning around it.

Supervised Possession in Texas

Supervised possession is ordered when a Texas court finds that unsupervised contact with a parent would endanger the child. It does not mean the parent has done something criminal, and it does not have to be permanent. The order sets specific conditions under which the parent can spend time with the child while a third party is present.

When Supervised Possession Is Ordered

Texas Family Code §153.004 directs courts to consider a history of family violence, child abuse or neglect, or substance abuse when deciding possession. If any of those concerns are established by evidence, the court can restrict the parent’s possession to supervised time or place other conditions on their access. A recent protective order, a criminal charge involving domestic violence, or a Child Protective Services finding can each be a basis for supervised possession.

How Supervision Works

Supervision can be handled several ways depending on the court’s order. Professional supervision through a licensed exchange center is the most structured option and is typically used when the safety concerns are serious. Supervision by a trusted family member, such as a grandparent, sibling, or approved adult, is more common when the concerns are moderate and both parents agree on the supervisor. In some cases, the court will order therapeutic supervision, where a licensed counselor is present to work on the parent-child relationship.

Transitioning Off Supervised Possession

Supervised possession is often a step, not a final destination. Once the parent addresses the underlying concern by completing a treatment program, showing compliance with a protective order, or demonstrating stable circumstances over time, the court can modify the order and transition the parent to unsupervised time. That transition happens through a formal motion to modify, not automatically. A parent working toward unsupervised possession should document their progress and file at the right time.

Grandparent and Non-Parent Access in Texas

Texas allows grandparents and certain other non-parents to seek possession or access to a child. The law is narrower than it is for parents, but access is possible in specific situations. Texas Family Code §153.432 sets the rules for grandparent access, and the U.S. Supreme Court decision in Troxel v. Granville requires courts to give weight to a fit parent’s decisions about who spends time with their child.

When Grandparents Can Seek Access

A Texas grandparent can file for possession or access when at least one biological or adoptive parent still has parental rights, and when the grandparent can show that denying access would significantly impair the child’s physical health or emotional well-being. The court also looks at whether the grandparent’s own child, who is the parent, is incarcerated, deceased, incompetent, or has had parental rights terminated. These situations do not guarantee access, but they open the door to a case.

Other Non-Parents Seeking Access

Aunts, uncles, step-parents, and other adults who have played a substantial role in a child’s life can sometimes seek access under a separate part of the Family Code, but the standard is even higher than it is for grandparents. These cases usually involve a long-standing caregiving relationship. The court focuses on what is best for the child rather than on the adult’s connection to the family.

Enforcing a Possession Order in Texas

A possession order is not self-enforcing. When the other parent refuses to hand the child over, shows up late every time, or blocks scheduled possession without a legal reason, the court has tools to make the order stick, but you have to bring the issue to the court. Enforcement in Texas is handled through a motion to enforce, and how you document the violations decides how effective that motion can be. If your circumstances have changed enough that the existing order no longer works at all, a motion to modify may be the better path than enforcement.

Motion to Enforce

A motion to enforce is a formal filing that asks the court to hold the other parent in contempt for violating the possession order. The motion has to list each violation specifically, including the date, the time, what the order required, and what actually happened. Courts respond to precise documentation.

Contempt and Remedies

If the court finds the other parent in contempt, the possible outcomes include make-up possession time, fines, attorney’s fees, and in serious cases, jail time. Make-up possession, sometimes called “additional periods of possession” under Texas Family Code §157.168, is the most common remedy. It gives the wronged parent the time they lost, plus a schedule to make it up.

Documenting Violations

The strength of an enforcement case comes from records. Keep a written log of every missed or interfered-with possession period, including the date, the time, what the order required, and what the other parent said or did. Save text messages, emails, and voicemails. Where possible, have a neutral third party present at exchanges. The more specific your records, the stronger your motion to enforce will be.

Child Visitation Lawyers by County

Why Choose McCarty-Larson for Your Texas Visitation Case

Possession and access cases can shape a parent’s relationship with their child for years. The right legal team matters. McCarty-Larson, PLLC brings over 50 years of combined family law and criminal defense experience to visitation cases across Ellis, Johnson, Tarrant, and Dallas Counties. Our team includes former prosecutors and law enforcement officers, which means we understand how Texas courts operate on both sides of the bench.

We work with parents at every stage of a visitation case, from establishing a first Standard Possession Order in a new divorce, to modifying an order that no longer fits, to enforcing possession when the other parent will not cooperate. We also handle grandparent and non-parent access cases where the legal standard is higher and the strategy has to reflect it. Every case gets direct attorney attention, clear communication, and a plan that fits the family in front of us.

Contact Our Texas Child Visitation Lawyers at McCarty-Larson, PLLC

If you are facing a visitation issue in Texas, the decisions you make now can affect your relationship with your child for years to come. Whether you need to establish a Standard Possession Order, modify an existing schedule, or enforce a court order the other parent is ignoring, our team is ready to help.

Call (972) 775-2100 or contact our office online for a free, confidential consultation. Our Texas child visitation lawyers stand by parents across Ellis, Johnson, Tarrant, and Dallas Counties.