Texas noncustodial parents living within 50 miles of their child now receive the Expanded Standard Possession Order automatically under Tex. Fam. Code § 153.3171, signed into law as SB 1936 during the 87th Legislature. The change boosted noncustodial parenting time from roughly 20-24% under the old standard schedule to approximately 43-47%, one of the most significant custody shifts in the nation's second-largest state.
Key Facts
| Detail | Summary |
|---|---|
| What changed | Expanded Standard Possession Order (ESPO) became the automatic default for custody orders |
| Legislation | SB 1936, 87th Texas Legislature (passed Senate 31-0, House 144-1) |
| Statute | Tex. Fam. Code § 153.3171 |
| Who's affected | Noncustodial parents (possessory conservators) living within 50 miles of the child |
| Old parenting time | ~20-24% under the Standard Possession Order |
| New parenting time | ~43-47% under the Expanded Standard Possession Order |
Texas Courts Must Now Apply the Expanded Schedule by Default
The Expanded Standard Possession Order is no longer something a parent must request. Under Tex. Fam. Code § 153.3171, Texas courts are required to apply the expanded schedule automatically when the noncustodial parent lives not more than 50 miles from the child's primary residence. The statute uses mandatory "shall" language, meaning judges do not have discretion to skip the expanded times without specific findings.
Previously, the standard possession order under Tex. Fam. Code § 153.312 gave noncustodial parents limited time: weekends from Friday at 6:00 PM to Sunday at 6:00 PM, plus a two-hour Thursday evening visit from 6:00 PM to 8:00 PM. That schedule translated to about 20-24% of the child's time, as McClure Law Group recently highlighted in their updated practice guidance.
The expanded schedule changes three critical mechanics. First, weekends now begin at school dismissal on Friday and extend through Monday morning when school resumes, rather than ending at 6:00 PM Sunday. Second, the Thursday visit becomes a full overnight, running from school dismissal Thursday through Friday morning drop-off. Third, when Monday is a student holiday or teacher in-service day, possession extends through Tuesday morning. These changes nearly double the noncustodial parent's time with the child.
How the New Default Works Under Texas Family Code
Section 153.3171 operates by automatically applying the alternative beginning and ending possession times that previously existed under Tex. Fam. Code § 153.317 as elective options. Before SB 1936, a parent had to affirmatively request these expanded times. Many parents, particularly those without legal representation, never knew the option existed. The legislature's fix was straightforward: make the better schedule the default rather than the exception.
The 50-mile proximity threshold is measured between the possessory conservator's residence and the child's primary residence. For parents living more than 50 miles apart, the traditional standard possession order with fixed clock times under Tex. Fam. Code § 153.312 remains the baseline, though those parents can still elect expanded times under § 153.317.
Courts can deviate from the expanded default, but the standard is meaningful. A judge must find that the expanded schedule is not in the best interest of the child under Tex. Fam. Code § 153.002. If either party requests it, the court must make specific findings of fact explaining why the expanded times were not ordered. This is a significant procedural protection. A court cannot simply ignore the expanded default without explanation.
Factors that might justify deviation include situations where the possessory conservator has not frequently and continuously exercised parenting rights, where distances between residences make school-based transfer times impractical, or where the conservator affirmatively declines the expanded schedule.
What This Means for Existing Texas Custody Orders
SB 1936 applies to suits filed on or after its effective date and to suits that were pending at the time. The enactment of SB 1936 alone does not constitute grounds for modifying an existing court order. Parents with older standard possession orders cannot file a modification simply because the law changed. They still must show a material and substantial change in circumstances under Tex. Fam. Code § 156.101 to modify an existing order.
That said, if a parent files a modification based on other qualifying grounds, the court would apply the current default (the expanded schedule) when crafting the new order. This is an important distinction: the law changed the starting point for all new and pending cases, not a retroactive rewrite of finalized orders.
Practical Takeaways
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If you are a noncustodial parent in Texas living within 50 miles of your child, the expanded schedule should be your automatic baseline in any new or pending custody case. You do not need to request it. If your attorney or the court is not applying it, raise Tex. Fam. Code § 153.3171 directly.
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If the other parent or the court wants to deviate from the expanded schedule, demand written findings of fact explaining why. The statute requires this upon request, and those findings create a record for appeal.
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If you have an older standard possession order and want the expanded times, you cannot modify based solely on the law change. You need an independent qualifying event under Tex. Fam. Code § 156.101, such as a change in the child's circumstances, a change in residence, or the child turning 12 (when preference may be considered).
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Parents who live more than 50 miles from the child should still consider affirmatively electing expanded times under Tex. Fam. Code § 153.317. The expanded schedule is available to all parents by election; the 50-mile threshold only determines whether it applies automatically.
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If you are negotiating a custody agreement, understand that the expanded schedule is now the floor, not the ceiling. Courts expect it as the minimum for parents within 50 miles, which strengthens your negotiating position if the other side proposes less time.
Frequently Asked Questions
Do I need to ask the court for the expanded possession schedule?
No. Under Tex. Fam. Code § 153.3171, courts must apply the Expanded Standard Possession Order automatically for parents living within 50 miles of the child. The expanded schedule is the default starting point, not an optional election. You do not need to file a motion or make a special request to receive approximately 43-47% parenting time.
Can I modify my existing custody order to get the expanded schedule?
The law change alone is not grounds for modification. Under Tex. Fam. Code § 156.101, you must demonstrate a material and substantial change in circumstances to modify an existing order. However, if you qualify for modification on other grounds, the court will apply the current expanded default when crafting your new possession schedule.
What if I live more than 50 miles from my child?
Parents living beyond 50 miles from the child's primary residence do not receive the expanded schedule automatically. The standard possession order under Tex. Fam. Code § 153.312 applies by default, providing approximately 20-24% parenting time. However, you can affirmatively elect the expanded beginning and ending times under § 153.317 regardless of distance.
What does the expanded schedule actually change day-to-day?
The expanded schedule replaces fixed clock times (Friday 6 PM to Sunday 6 PM) with school-linked times (Friday school dismissal through Monday morning drop-off). Thursdays change from a 2-hour evening visit to a full overnight. When Monday is a school holiday, possession extends through Tuesday morning. These changes increase noncustodial time from roughly 80 overnights per year to approximately 130-140 overnights.
Can the court refuse to apply the expanded schedule?
Yes, but the standard is high. The court must find that the expanded times are not in the best interest of the child under Tex. Fam. Code § 153.002. If either parent requests it, the court must issue specific written findings explaining the deviation. Courts cannot simply default to the old schedule without justification.
Connect With a Texas Family Law Attorney
If you have questions about how the expanded standard possession order applies to your situation, the Texas family law attorneys in our directory can help you understand your rights under the current law.
This article discusses recent legal developments and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.