Many Austin parents don’t realize they have options beyond the basic Standard Possession Order when it comes to custody arrangements. If you and your co-parent live close to each other—within 50 miles—you may qualify for an Extended Standard Possession Order (E-SPO). This guide explains how the Extended Standard Possession Order works specifically for parents in the Austin metroplex, what it means for your family’s schedule, and how it differs from the standard arrangement.
Why Choose Smith & Bledsoe Family Law for Your E-SPO Questions
When handling custody arrangements, you need guidance from attorneys who understand Texas family law. Additionally, you need lawyers familiar with the Austin community. Smith & Bledsoe Family Law works with families on complex custody disputes and family law matters affecting Austin families.
Managing Partner Christian Smith earned recognition as a Super Lawyers Rising Star for 2023, 2024, and 2025. He was named a NAFLA Top 10 Under 40 honoree in 2019 and recognized as an Austin Monthly Top Attorney in 2023.
Our attorneys maintain strong relationships with Travis County judges. We understand how local courts approach custody matters. Whether you’re considering an E-SPO arrangement, need to modify an existing schedule, or want to understand how this option affects your family, Smith & Bledsoe Family Law provides the local knowledge and experience you need. You can explore client testimonials to gain perspective on what it’s like to work with our firm. Contact us at (512) 277-3166 to discuss your specific situation.
Understanding the Standard Possession Order (SPO) Basics
Texas courts use Standard Possession Orders to create predictable, structured custody schedules that work for families across the state. An SPO establishes when each parent spends time with the child, including weekends, weekdays, holidays, and summer breaks.
The basic SPO applies when parents live 100 miles or less apart from each other. This schedule typically gives the noncustodial parent (the parent without primary custody) possession on the first, third, and fifth weekends of each month. Additionally, the noncustodial parent receives one weekday evening per week.
The SPO provides stability and predictability for children and parents alike. Both parents know exactly when exchanges happen and what the schedule looks like throughout the year. This structure helps reduce conflict and gives children the security of knowing their routine.
What Makes the Extended Standard Possession Order Different
The Extended Standard Possession Order is an enhanced version of the standard schedule designed for parents who live close to each other. An E-SPO provides significantly more parenting time for the noncustodial parent compared to the basic SPO.
The E-SPO facilitates more equitable parenting time while still maintaining the structure and predictability that children need. This arrangement acknowledges that proximity makes additional overnight visits and weekday time feasible without creating excessive travel or logistical challenges. For families considering this option, understanding how child custody modifications work is crucial.
The 50-Mile Rule: How Proximity Changes Everything
Texas Family Code §153.3171 sets a clear 50-mile distance threshold—measured from the child’s primary residence—that determines whether parents may use an Extended Standard Possession Order (E-SPO). This distance defines which possession schedules may be available under Texas law.
For most Austin-area families, this radius includes Austin, Cedar Park, Pflugerville, Leander, Lakeway, Manor, and surrounding communities. If you and your co-parent live within this distance, you likely qualify for E-SPO eligibility, and the Austin family law attorneys at Smith & Bledsoe Family Law can help you determine whether you meet the criteria.
The 50-mile measurement is calculated directly from the child’s primary residence to the other parent’s residence. If circumstances change and you later move beyond 50 miles, your schedule would revert to the standard SPO unless you obtain a court modification.
How the E-SPO Schedule Works for Austin Parents
To help you understand what to expect if you qualify for the Extended Standard Possession Order, here’s how the schedule typically breaks down for Austin-area parents:
Weekday Parenting Time
Under an E-SPO, the noncustodial parent typically receives extended weekday access. This goes beyond the basic SPO. Many E-SPO arrangements include Thursday overnight possession. The parent picks up the child after school or at a set time and returns them before school the next day.
Some families negotiate different weekday arrangements based on their work schedules and the child’s activities. The specific pickup and drop-off times get written into the custody order. This creates clear expectations for both parents and helps prevent disputes over parenting time.
School schedules factor into these arrangements. Working with experienced Austin custody attorneys can help you negotiate arrangements that work for your family’s unique circumstances.
Weekend Possession
E-SPO weekend schedules extend beyond the basic SPO’s first, third, and fifth weekend pattern. Many E-SPO arrangements provide possession from Friday through Sunday. Additionally, some include additional weekend time throughout the month.
This increased weekend access reflects the reality that parents living close together can manage more frequent exchanges without excessive travel. The extended weekend time allows the noncustodial parent to participate more fully in the child’s activities. Furthermore, the parent can attend school events and maintain a stronger ongoing relationship with their child.
Holiday and Summer Schedules
Holiday possession under an E-SPO typically divides major holidays more equitably than the standard SPO. Parents might alternate Thanksgiving, Christmas, and spring break. Alternatively, they create a schedule where each parent gets certain holidays in odd and even years.
Summer possession often extends significantly under an E-SPO. The noncustodial parent receives multiple weeks of continuous summertime. Birthday celebrations and special occasions can be addressed in the custody order. This allows both parents to participate in important family moments and maintain meaningful relationships with their children.
E-SPO vs. SPO: Key Differences at a Glance
The Expanded Standard Possession Order (ESPO) is designed for situations where parents live relatively close to each other. It builds on the traditional Standard Possession Order by starting weekends earlier, extending return times, and often including a midweek overnight. This additional time can shift the schedule closer toward a balanced parenting arrangement. While both SPO and ESPO offer structure and predictability, ESPO enables more frequent involvement and interaction when distance isn’t a barrier. The exact schedule can vary by court order, but in general, ESPO allows for more substantial parenting time.
Common Questions About the Extended Standard Possession Order
Below are some common questions that frequently arise regarding the Extended Standard Possession Order.
Is the E-SPO automatic if we live close together?
No. Living within 50 miles of your co-parent makes you eligible for an E-SPO. However, it doesn’t automatically apply to your custody order. Both parents must agree to the E-SPO arrangement, or one parent must request it from the court.
If you want an E-SPO and your co-parent agrees, you can include it in your divorce decree or custody order. If you disagree, the court can order an E-SPO if it determines the arrangement serves the child’s best interests. Our Austin family law team can help you navigate this process.
Can we modify the E-SPO schedule if it’s not working?
Yes. If your E-SPO schedule isn’t working for your family, you can modify it with your co-parent’s agreement. Many families adjust their arrangements as children grow, school schedules change, or work situations evolve.
If you and your co-parent can’t agree on modifications, you can request a court modification. Texas courts require a substantial change in circumstances to modify custody orders. Examples include a significant change in work schedule, relocation, or changes in the child’s needs. Smith & Bledsoe Family Law helps families navigate these custody modifications and present their case effectively to the court.
What if one parent wants E-SPO but the other doesn’t?
The court can order an E-SPO even without both parents’ agreement. When parents disagree about the custody schedule, the judge considers several factors. These include each parent’s relationship with the child, the child’s needs, each parent’s work schedule, and what arrangement serves the child’s best interests.
If you want an E-SPO but your co-parent opposes it, an attorney can help you present evidence and arguments supporting the arrangement. The court focuses on what benefits the child, not what’s convenient for either parent. Our experienced attorneys have successfully advocated for E-SPO arrangements in contested cases.
Does E-SPO affect child support calculations?
Yes. More parenting time affects child support amounts. Texas child support guidelines consider how many days per year each parent has possession of the child. The more time the noncustodial parent spends with the child, the lower the child support obligation typically becomes.
This matters significantly for your family’s finances. An E-SPO might reduce child support compared to a standard SPO. However, the exact amount depends on both parents’ incomes and the specific possession schedule. Understanding how your E-SPO arrangement affects support obligations helps you plan your family budget accurately. Smith & Bledsoe Family Law can help you calculate potential child support changes.
Can we use E-SPO if we’re not married?
Yes. The E-SPO rules apply to all custody arrangements in Texas, regardless of whether the parents were married. Unmarried parents, same-sex parents, and parents who never lived together all have access to E-SPO arrangements. You must live within 50 miles of each other. The same 50-mile rule and E-SPO benefits apply equally to all families. Our firm serves all Austin families seeking custody solutions.
What happens if we move and are no longer within 50 miles?
If you relocate and end up more than 50 miles from your co-parent, your custody schedule would revert to the standard SPO. This happens unless you modify the order. Before relocating, you should discuss this change with your co-parent. Additionally, consider modifying your custody order to reflect the new distance.
If you’re considering a move that would affect your custody arrangement, an attorney can help you understand your options. We can guide you through the modification process. Contact Smith & Bledsoe Family Law to discuss how relocation might impact your E-SPO arrangement.
Getting Started with Your E-SPO Journey
If you’re considering an Extended Standard Possession Order for your family, the first step is understanding whether you qualify. You must live within 50 miles of your co-parent. Ideally, both parents should be willing to work together on the arrangement.
Having a clear written E-SPO schedule prevents confusion and provides stability for your child. When establishing or modifying a custody order, legal guidance ensures compliance with Texas law and protects your parental rights.
Smith & Bledsoe Family Law supports Austin families through every stage of custody planning. We handle initial consultations through court proceedings. Whether you’re negotiating an E-SPO arrangement with your co-parent or need the court to establish one, our experienced attorneys understand Austin family law. We know local court procedures. Contact us at (512) 277-3166 to schedule your consultation and discuss how an Extended Standard Possession Order might work for your family.
Related Resources
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