Possession and Access Lawyers
Understanding Possession and Access in Texas
In Texas family law, “possession” refers to the time a parent has physical custody of the child. “Access” means the right to visit, see, or communicate with the child apart from physical custody. (This might include texting, calling, or attending school or extracurricular activities. Together, possession and access determine how parents share time and responsibilities after divorce.
Under the Texas Family Code, possession and access are informed by conservatorship—the legal term for parental rights and duties. Simply put, conservatorship is about decision-making authority, such as who makes decisions about health care and education, while possession and access determine when and how each parent spends time with the child and are responsible for daily care.
Parents can be named joint managing conservators and share decision-making responsibilities, but that does not necessarily mean they will have equal possession time.
At a Glance
At Mims Ballew Hollingsworth, we help parents across Fort Worth and Tarrant County protect their time with their children through possession and access orders backed by more than 100 years of combined family law experience. Four of our attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization.
We handle the full range of visitation matters, including establishing Standard Possession Orders, modifying schedules, enforcing court orders, and resolving high-conflict disputes. Our team develops practical strategies that align with Texas law while prioritizing your child’s stability and best interests.
Recognized by Martindale-Hubbell (AV Preeminent), Super Lawyers, and Fort Worth Magazine’s Top Attorneys, we take a focused, results-driven approach to securing and protecting your parental rights.
Free consultations available. Call 817-900-8330.
Standard Possession Order in Texas
When parents cannot agree on visitation terms, the family court often defaults to the schedule considered the standard for child visitation in Texas. This is known as the Standard Possession Order (SPO).
What is a Standard Possession Order?
A Standard Possession Order is the most common schedule for child visitation in Texas. It usually applies when the child is over three years old and one parent is named the noncustodial parent. Under the Texas Standard Possession Order, the noncustodial parent typically has the child on the first, third, and fifth weekends of each month, one evening during the week, and alternating holidays. Summer and spring break schedules are also included.
Expanded Standard Possession Order (ESPO)
An Expanded Standard Possession Order gives the noncustodial parent additional parenting time. This order extends weekend visitation to begin when the child leaves school on Friday and continue until the start of school on Monday. It can also include more weekday visits. Many families find this schedule offers a better balance and helps maintain strong parent-child relationships.
When Courts Deviate From Standard Orders
Courts may adjust a Standard Possession Order when a family’s circumstances call for a different approach. For example, children under three often require more frequent but shorter visits to build consistent routines. When parents live far apart, judges may modify schedules to include virtual visitation options and adjust holidays/summer periods to balance travel time and expenses.
In cases involving safety concerns (domestic violence, neglect, or substance abuse), the court may require supervised visitation. This allows the child to maintain a relationship with the parent in a controlled and safe setting. Supervised visitation may be lifted once the parent shows compliance with court orders or rehabilitation progress.
Ultimately, every decision the court makes regarding possession and access should support the child’s best interests, ensuring their safety, stability, and emotional well-being.
Common Possession and Access Disputes
Disputes often arise when one parent denies visitation, deviates from planned pickup or drop-off times, or interferes with communication. Sometimes, a parent may not follow the court-ordered schedule or may try to influence the child’s willingness to visit the other parent.
When possession and access disputes arise, a motion for enforcement can be filed to ensure the order is respected and your rights to access your child are upheld. Learn more about enforcing orders by visiting our Enforcements and Contempt page. Having a skilled possession and access lawyer can help protect your rights and ensure court orders are respected.
Why Legal Representation Matters
A possession and access lawyer ensures your parental rights are protected and that court orders are enforceable. At Mims Ballew Hollingsworth, we understand the stress these disputes bring. Our attorneys are experienced in complex and high-conflict custody matters. We work to resolve issues through negotiation when possible, but we are fully prepared to advocate for you in court when necessary.
How MBH Helps Parents in Fort Worth
At Mims Ballew Hollingsworth, we help parents across Fort Worth and Southlake create, modify, and enforce possession and access orders. Our team develops customized strategies based on each family’s needs. We provide guidance through every step, from initial filings to courtroom representation.
Our attorneys handle related issues such as child custody and child support, ensuring that all aspects of your parenting plan work together. Whether you are establishing a new order or modifying an existing one, our goal is to secure your time with your child while protecting their best interests.
If you are facing challenges with child visitation in Texas, we are here to help. Schedule a confidential consultation today to discuss your case.
