713-333-4430Powerful Updates to Texas Family Court’s Expanded Possession Order
When parents go through a divorce in Texas, custody and visitation arrangements are going to play a major role in helping both parents maintain meaningful relationships with their kids. Visitation rights are incredibly impactful for a non-custodial parent (a parent who does not live with their child most of the time). These rights determine how much time a non-custodial parent can spend with their child. In response to concerns that non-custodial parents were not receiving enough time, in 2025, Texas lawmakers introduced Expanded Possession Order SB1936, which will grant additional visitation hours under certain circumstances.
Understanding the Expanded Possession Order
Texas family law requires that all custodial and visitation agreements comply with the Standard Possession Order (SPO), which outlines the minimum visitation rights for the non-custodial parent. Typically, the SPO allowed for visitation every first, third, and fifth weekend of the month from Friday evening through Sunday evenings, permitting a midweek visitation and alternating for holidays. Although the previously prescribed scheduling was accepted as standard, more and more parents began voicing concerns. The main issue troubling parents was that the schedule felt too rigid, not allowing quality bonding time between non-custodial parents and their children.
Thus, to address the concerns, Texas Senate Bill 1936 (SB1936) was introduced. The bill expanded visitation schedules for non-custodial parents. Under the law, non-custodial parents living within 50 miles of their respective custodial parent can now receive additional parenting time, increasing their minimum visitation to roughly 42% rather than the previous 35%.
What primary changes should non-custodial parents be aware of under SB1936?
The possession order expansion provided through SB1936 applies to non-custodial parents who meet the residency requirements and choose to exercise their right to extended visitation. The following modifications apply to standard visitation schedules:
- Thursday Visits: Now, instead of just the 6:00 PM to 8:00 PM visit, non-custodial parents have possession starting from the time of school dismissal on Thursday until school starts Friday morning.
- Weekend Visitation: Prior to SB1936, the weekend visitation period ran from 6:00 PM on a Friday to 6:00 PM the following Sunday. However, the new order allows for non-custodial parents to receive possession starting from school dismissal on Fridays until school resumes on Monday mornings.
- Holidays and School Break Adjustments: When visitation starts on a holiday or during a school break, the start time has shifted from 6:00 PM to school dismissal times. Likewise, visitation periods now extend until school resumes or 8:00 AM.
Benefits of the Expanded Possession Orders
The added time granted under SB1936 allots several parenting perks for children and non-custodial parents. More frequent overnight visits allow for better bonding opportunities and consistency. While some children adapt easily to the back-and-forth between households, others struggle, especially if visitation is mainly on weekends. The new order really emphasizes the mental and emotional well-being of the children. With the increased parenting time, the expanded order encourages stronger co-parenting dynamics, which also benefits the child’s emotional and psychological welfare.
Lastly, the revised expanded possession calendar is much more accommodating. Non-custodial parents can not take advantage of the added benefit of being able to more easily align visitation periods with school hours. The adjustments, while they might seem minor to a non-parent, are major as they help to reduce disruptions caused by transportation logistics and late evening exchanges. The process becomes much smoother for all involved, including the kids.
Who Can Waive the Expanded Possession Order?
While the expanded schedule benefits many, it is not a mandate. Some non-custodial parents might be unable to accommodate the changes––and that is okay! Further, the opportunity to choose and decide what is right for each parent and family demonstrates the flexibility and more inclusive approach to visitation schedules. Parents may have to turn down the opportunity under the expanded possession order because of work obligations, travel times and distance, or other personal or unique circumstances. Those who cannot meet the requirements of this new schedule have the option to waive the extended visitation period and adhere to the former standard possession order as an alternative.
Possession Order and Custody Legal Considerations
As families are still adjusting to the new order, it is imperative to review how the standard possession order applies to holiday schedules and special considerations. The expanded possession order poses new and unique scheduling elements, particularly with post-holiday transitions and long weekends. The implementation of SB1936 stresses the need for staying up to date with changes under Texas’ family laws as they arise. Parents with already established possession orders must review their agreements and deliberate on whether adjustments are required to stay compliant with the law. Affected parties should strongly consider discussing these matters with an experienced family law attorney to gain perspective. Your attorney will provide transparency regarding these changes, particularly how they reflect on existing or forming custody arrangements and your rights and obligations.
If you are currently stuck in a heated custody dispute, looking for modifications to your current visitation schedule, are new to the rules of conservatorship arrangements, or are seeing custody conflicts pop up between you and your co-parent, legal foresight and assistance are invaluable. A knowledgeable attorney can advise you, negotiate fair arrangements on your behalf, and help you advocate for your (this link goes to our child support page – let’s attach it to our modification page) child’s best interests. Contact a seasoned Texas family law attorney for a confidential consultation today.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
