The holidays are a special time for families, especially for children. But when parents are separated or divorced, navigating who gets the kids for Christmas can become emotionally charged and legally complex. Clear guidelines, understanding Texas Family Code provisions, and prioritizing the best interests of the children can help make the process smoother.
If you’re dealing with holiday visitation disputes, here’s everything you need to know about how the law works in Texas and practical solutions to maintain a joyful holiday season for your children.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
The Basics of Holiday Visitation Rights
In Texas, standard possession orders (SPOs) outlined by the Texas Family Code, Section 153.317, govern holiday visitation schedules. These provisions ensure children spend quality time with both parents during significant occasions, including Christmas.
Typically, the holidays are alternated yearly between parents. For instance:
- Even-Numbered Years: One parent might have the children for Christmas, while the other gets New Year’s.
- Odd-Numbered Years: The arrangement flips.
This structure ensures fairness and consistency, but it’s important to confirm the specific terms outlined in your custody order.
Scenarios to Consider
1. Standard Possession Order in Action
If you and your co-parent live within 100 miles of each other, the SPO might specify:
- Christmas Break: One parent has the children from the time school dismisses until December 28th, while the other takes over from December 28th through New Year’s Day.
This timeline helps both parents celebrate meaningful parts of the holiday season with their kids.
2. When Parents Live More Than 100 Miles Apart
In such cases, the Texas Family Code allows for adjustments, often granting extended visitation to the non-custodial parent. This can include the entire holiday break, reducing the back-and-forth travel that can disrupt children’s routines.
3. Unique Arrangements for Specific Needs
Some families create custom visitation orders to accommodate unique traditions or work schedules. For example:
- A firefighter parent might swap holidays to align with their on-call shifts.
- Parents who celebrate different holidays (e.g., Hanukkah or Kwanzaa) may request specific visitation rights for their cultural or religious events.
Challenges in Holiday Visitation
Conflict Over Scheduling
Disagreements about pickup/drop-off times, locations, or interpretations of the custody order can lead to disputes. In such cases, legal intervention or mediation may be necessary.
When One Parent Fails to Comply
If one parent denies access or refuses to follow the visitation schedule, the affected parent can enforce their rights under the Texas Family Code, Section 157.001. Courts can impose penalties on parents who violate custody orders, including fines or adjustments to visitation terms.
Impact on Children
Constant arguments or last-minute changes can emotionally affect children, making it crucial to maintain a cooperative approach.
The Role of the Texas Family Code
The Texas Family Code is clear about prioritizing the best interests of the child in custody and visitation matters. Specific sections relevant to holiday visitation include:
- Section 153.001: This statute emphasizes the importance of children maintaining frequent and ongoing contact with both parents.
- Section 153.317: Details the Standard Possession Order, including holiday schedules for parents living within or beyond 100 miles of each other.
- Section 157.001: Governs the enforcement of visitation orders, ensuring parents adhere to legal agreements.
Parents should carefully review their custody orders to understand their rights and obligations. If any part of the order is unclear, consulting with an experienced family law attorney can provide clarity and avoid unnecessary conflicts.
Real-Life Example: Making It Work
Imagine a divorced couple in Fort Worth. One parent, Sarah, has primary custody, while her ex-husband, Mark, lives 90 miles away. According to their custody order:
- Mark gets the kids from December 20th through December 26th in even years.
- Sarah takes over from December 27th until school resumes.
In 2023, Sarah and Mark decide to modify the schedule slightly, allowing the children to celebrate Christmas morning at Mark’s home and dinner with Sarah’s extended family. This compromise keeps the holiday spirit alive for the kids.
Practical Tips for Managing Holiday Visitation
- Plan Ahead: Discuss and finalize holiday schedules months in advance to avoid last-minute disagreements.
- Communicate Openly: Use neutral, respectful language to address potential conflicts. Apps like OurFamilyWizard can help streamline communication.
- Consider the Kids’ Preferences: Older children may have their own ideas about how they want to spend the holidays. Listen to their input when possible.
- Stick to the Agreement: Avoid making unauthorized changes to the custody order unless both parties agree.
- Seek Mediation If Necessary: Mediation can help resolve disputes without escalating to court.
Turner Monahan PLLC – Here to Support You
The holidays should be a time of joy, not conflict. By understanding your rights under the Texas Family Code and working proactively with your co-parent, you can ensure your children enjoy a memorable and harmonious holiday season.
If you need legal guidance on holiday visitation or any family law matter, Turner-Monahan PLLC is here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
