At Griffin & Cain, Attorneys at Law, our Conroe child custody attorneys are already helping Montgomery County families understand and adapt to this change. Here’s what every Texas parent needs to know about the new default ESPO.
What Is an Extended Standard Possession Order?
To understand what changed, you first need to understand the difference between the Standard Possession Order (SPO) and the Extended Standard Possession Order (ESPO).
The Previous Default: Standard Possession Order (SPO)
Under the traditional SPO, the noncustodial parent’s visitation looked like this:
- First, third, and fifth weekends: Friday at 6:00 PM to Sunday at 6:00 PM
- Thursday evenings: 6:00 PM to 8:00 PM (dinner visit, no overnight)
- Extended summer: 30 days during summer vacation
- Alternating holidays
The New Default: Extended Standard Possession Order (ESPO)
The ESPO provides significantly more time:
- First, third, and fifth weekends: Friday at time of school dismissal to Sunday at 6:00 PM (or Monday morning at school)
- Thursday overnights: Thursday at time of school dismissal to Friday morning at school (overnight included)
- Extended summer: 30 days during summer vacation
- Alternating holidays
Key Differences: What Changed
The practical impact of this change is substantial:
1. Thursday Overnights Are Now Included
Perhaps the biggest change is the Thursday overnight. Under the old SPO, Thursday was a brief dinner visit—the noncustodial parent picked up the child at 6:00 PM and returned them at 8:00 PM the same night. Under the ESPO, Thursday becomes an overnight, with the child staying with the noncustodial parent Thursday night and going to school Friday morning.
2. Weekend Visits Start Earlier
Instead of waiting until 6:00 PM Friday to start weekend visits, the ESPO allows pickup directly from school on Friday. This means the noncustodial parent gets the entire Friday evening with the child.
3. Weekend Visits Can Extend to Monday
Under the ESPO, weekend visits can end Monday morning when the child is dropped off at school, rather than Sunday at 6:00 PM. This provides an extra night each visit weekend.
Why Did Texas Make This Change?
The Texas Legislature recognized what family law practitioners and child development experts have long understood: children generally benefit from more meaningful time with both parents. The previous SPO, while workable, often left noncustodial parents with only about 25% of time with their children. The ESPO increases this to approximately 40% or more.
Research consistently shows that children do better when they have strong relationships with both parents, assuming both parents are fit and capable. The ESPO reflects this understanding by making expanded time the norm rather than the exception.
How Does This Affect Existing Custody Orders?
Here’s a critical point many parents miss: the new law does not automatically change existing custody orders. If you have a current order that provides for the standard SPO, that order remains in effect unless and until it is modified.
If You’re the Noncustodial Parent
If you want the expanded ESPO schedule, you’ll need to file a modification with the court. The good news is that the legislative change may make it easier to obtain the modification, since the ESPO is now what Texas law considers the presumptive appropriate schedule.
If You’re the Custodial Parent
If you believe the ESPO would not be in your child’s best interest, you’ll need to be prepared to present evidence and arguments for why the standard SPO or another arrangement is more appropriate. Courts can still order different schedules when there’s good cause, but the burden has shifted.
When Courts May Deviate from the ESPO
While the ESPO is now the default, it’s not mandatory. Courts may order a different schedule when:
- The parties agree to a different schedule
- The child’s school or activity schedule makes ESPO impractical
- Geographic distance between the parents’ homes creates logistical problems
- One parent’s work schedule is incompatible with the ESPO
- There are concerns about the child’s safety or welfare
- The child has special needs requiring a different arrangement
- Other circumstances make deviation in the child’s best interest
The key is that the parent seeking to deviate from the ESPO must present evidence supporting that request. It’s no longer enough to simply prefer the old standard schedule.
Practical Considerations for Montgomery County Families
If you’re going through a new divorce or custody case in Montgomery County, The Woodlands, or the greater Houston area, here’s what you need to consider:
School Coordination
The ESPO schedule is built around the school calendar. Both parents will need to coordinate pickup and drop-off at school. This requires:
- Both parents listed on school records as authorized for pickup
- Clear communication about who handles school events on transition days
- Systems for sharing information about homework, projects, and school communications
Transportation
With more frequent transitions, transportation logistics become more important. Consider:
- Who is responsible for transportation on each transition day?
- What happens if a parent is running late?
- How will carpooling for activities be handled?
Children’s Activities
With the ESPO, both parents are more likely to need to participate in getting children to activities. This requires cooperation and communication about schedules, equipment, and transportation.
Communication Tools
Families with ESPO schedules often benefit from communication tools designed for co-parents, such as:
- Shared calendars (Google Calendar, Apple Calendar)
- Co-parenting apps (OurFamilyWizard, Talking Parents, AppClose)
- Clear protocols for how and when to communicate about schedule changes
What About Geographic Restrictions?
The ESPO works well when parents live relatively close to each other and to the children’s school. But what if parents live far apart?
Geographic restrictions often limit where the custodial parent can relocate with the children. Common restrictions include:
- Montgomery County and contiguous counties
- A specific school district
- A radius from a particular location
If the parties live more than 100 miles apart, the standard possession order (including ESPO) is modified to account for travel time, with less frequent but longer visits.
How the ESPO Works with Holidays
The holiday schedule under both SPO and ESPO alternates major holidays between parents. The ESPO doesn’t change which holidays each parent receives, but the expanded weekend schedule can affect how holiday periods connect with regular possession.
Key holidays addressed in Texas possession orders include:
- Thanksgiving (Wednesday through Sunday or Thursday through Monday, alternating)
- Christmas (alternating first and second halves)
- Spring Break (alternating years)
- Mother’s Day and Father’s Day (each parent gets their respective holiday)
- Child’s birthday
- Other holidays as specified
Frequently Asked Questions About the ESPO Change
Does my existing custody order automatically change to ESPO?
No. Existing orders remain in effect. You’ll need to file a modification if you want to change to the ESPO schedule.
Can parents still agree to a different schedule?
Absolutely. Parents can agree to any schedule that works for their family. The ESPO is the default only when parents cannot agree and the court must decide.
What if the other parent won’t agree to the ESPO?
You can file a modification requesting the ESPO. Since it’s now the presumptive schedule, you have a stronger argument for obtaining it, though the court will still consider the child’s best interests.
Does the ESPO affect child support?
Potentially. Child support can be affected by the number of overnights each parent has. With more overnights under the ESPO, there may be grounds to recalculate support. Consult with an attorney about your specific situation.
What if my work schedule doesn’t accommodate Thursday overnights?
Courts can consider work schedules when determining the appropriate possession schedule. Document your work obligations and be prepared to present this information if you’re seeking a modified schedule.
What If the Other Parent Blocks Your Visitation?
With expanded visitation comes expanded opportunities for conflict. If the other parent interferes with your possession time, Texas provides remedies, including:
- Enforcement actions through the court
- Make-up possession time
- Attorney’s fees and costs
- Contempt of court (which can include jail time for repeated violations)
Texas also passed the new “Three Strikes” visitation law, which creates criminal penalties for custodial parents who repeatedly deny court-ordered possession to the other parent.
Take Action: Review Your Custody Order
Whether you’re the custodial or noncustodial parent, the change to ESPO as the default may affect your rights and responsibilities. If you have an existing custody order, now is a good time to review it with an experienced family law attorney who can advise you on:
- Whether you’re eligible to modify your order to ESPO
- Whether your current order needs adjustment for changed circumstances
- How the new law affects your specific situation
At Griffin & Cain, Attorneys at Law, our child custody attorneys serve families throughout Montgomery County, Walker County, and the Houston metro area. We understand how these legislative changes affect real families in Conroe, The Woodlands, Huntsville, and surrounding communities.
Contact us today for a free consultation. Let us help you understand how the new ESPO default affects your family.
