Modification of Possession and Access Orders in Texas

A possession and access order determines when each parent has the right to time with the child. These orders are not fixed permanently. When circumstances change in meaningful ways after the order was entered, Texas law provides a process for modifying the schedule to reflect current realities.

This page addresses modification of possession and access under Texas law. For related post-decree issues, see our pages on modification of conservatorship and modification of child support. Enforcement of an existing possession order is addressed on our enforcement of possession and access orders page. Our full family law solutions page describes all the services we offer.

The Standard Possession Order in Texas

When Texas family courts enter a possession order, the default framework for parents who live within 100 miles of each other is the Standard Possession Order (SPO) set out in the Texas Family Code. The SPO gives the non-primary-conservator parent possession on the first, third, and fifth weekends of each month, every Thursday evening during the school year, alternating holidays, and extended summer possession.

The Legal Standard for Modification

Under Texas Family Code Section 156.101, modifying a possession and access order requires a showing that the circumstances of the child or a person affected by the order have materially and substantially changed since the order was entered, and that the modification is in the best interest of the child.

The material and substantial change standard in possession modification cases is generally applied somewhat more flexibly than in conservatorship modification cases, in part because possession schedules are more directly affected by the practical realities of daily life and in part because the stakes of a possession change are different from the stakes of a primary conservator change.

Common Triggers for Possession Modification

Courts have recognized a range of circumstances as supporting modification of possession and access orders. The most common include:

Relocation

When a parent relocates, the existing possession schedule may become impractical or impossible to follow. A move from Houston to Dallas creates a very different logistical picture than the existing schedule was designed for. Relocation-driven possession modifications typically involve a transition from a frequent, regular schedule to a longer-block schedule that accounts for travel distance, often with summer possession, spring break, and extended holiday time taking on greater significance for the non-primary parent.

Work Schedule Changes

A change in a parent’s work schedule, including shift work, travel-heavy positions, military deployment, or a residency or fellowship, can make the existing schedule unworkable. Modifications in these situations often seek to adjust pickup and drop-off times, restructure weekend possession, or create temporary arrangements for periods of deployment or extended work absence.

The Child’s Evolving Needs

As children grow, their schedules, activities, and preferences change. A possession schedule that worked well for a preschooler may not serve a teenager with a demanding extracurricular schedule. Academic calendars, sports seasons, college preparation activities, and the child’s developing social life all create legitimate reasons to revisit the possession order as the child ages.

Special Needs

A child who develops a medical condition, a learning disability, or other special needs requiring consistent therapeutic or educational support may benefit from a modified schedule that provides stability and access to the appropriate services. Modifications in these cases often involve adjustments designed to ensure that care routines and therapeutic relationships are not disrupted by schedule transitions.

Stepfamily and Sibling Considerations

New siblings, step-siblings, or significant changes in household composition can affect the child’s relationship to each household and may support a modification where the court finds the change serves the child’s best interest.

Geographic Restriction Clauses

Many Texas conservatorship orders include geographic restriction provisions that limit the primary conservator’s right to move the child’s residence outside a specified area, typically a single county or surrounding counties. When a parent with a geographic restriction wants to relocate the child outside that area, the restriction must be modified or lifted before the move can occur legally.

Modifying or removing a geographic restriction requires either the agreement of both parents or a court order. The court applies the same material and substantial change and best interest standards, with additional focus on the proposed relocation’s effect on the non-relocating parent’s relationship with the child.

The One-Year Limitation Period

The same one-year limitation that applies to conservatorship modification also applies to possession modification. A petition filed within one year of the prior order must be accompanied by an affidavit meeting specific statutory requirements. If those requirements are not met, the petition will be dismissed.

Temporary Orders Pending Modification

Where the existing possession schedule creates an immediate problem while the modification case is pending, a motion for temporary orders can request that the court enter a temporary possession schedule to govern during the litigation. Temporary orders do not constitute a final modification, but they can provide relief while the case works its way through the process.