Holidays can bring joy, stress, or a mix of both, especially after a divorce. Whether it’s the first holiday season after your separation or you’re adjusting to a new court-ordered schedule, it can feel overwhelming. Who gets the kids for Thanksgiving? How do you handle Christmas mornings? What about traveling out of town?
At Turner-Monahan PLLC, we’ve helped thousands of families navigate these situations. In this guide, we’ll break down how to manage holiday visitation, what Texas law says, and practical tips to avoid conflict. Whether you’re searching for a divorce attorney for women, a military divorce attorney, or just need divorce help, this article is here to support you.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Holidays Are a Hot Topic After Divorce
Holidays hold emotional weight. When families split, traditions change. This often leads to stress, confusion, or arguments, especially if both parents want the same days.
Common issues include:
- Both parents want the same holiday (e.g., Christmas Day)
- Conflicts about travel plans
- Miscommunication about times or locations
- Children feel caught in the middle
That’s why it’s important to have clear, detailed agreements, ideally outlined in your divorce decree or parenting plan.
What the Texas Family Code Says About Holiday Visitation
In Texas, the standard guidelines for visitation are laid out in the Texas Family Code, specifically Section 153.312 and Section 153.314. These sections define the Standard Possession Order (SPO).
Under the SPO:
- Holidays are alternated each year between parents.
- One parent gets Thanksgiving in odd-numbered years; the other in even years.
- Christmas is typically split into two parts:
- From the day school lets out until noon on December 28 (Parent A)
- Noon on December 28 until school resumes (Parent B)
- Spring Break and other major holidays follow similar alternating patterns.
🡪 Example: If you’re the non-custodial parent and it’s an odd-numbered year, you might have your child for Thanksgiving but not Christmas morning.
These rules apply unless both parents agree to a custom schedule or the court orders a different plan based on what’s best for the child.
Key Statutes to Know
- Tex. Fam. Code § 153.312 – Details standard visitation rights, weekends, and Thursdays.
- Tex. Fam. Code § 153.314 – Specifies holiday and summer possession schedules.
- Tex. Fam. Code § 153.254 – Covers customized possession orders and the court’s ability to modify based on the child’s best interests.
The law gives flexibility, but without a clear agreement, default rules apply. That’s why it’s wise to work with a Cleburne family law attorney or top divorce attorney early in the process.
Real-Life Scenarios and What to Do
Let’s look at a few common situations and how to handle them.
1. Both Parents Want Christmas Morning
Tip: Consider alternating Christmas morning every year or splitting the day. If one parent celebrates on Christmas Eve, the other can have Christmas Day.
2. One Parent Wants to Travel Out of State
Texas law generally allows parents to travel during their scheduled time. However, the other parent must be notified. If the divorce decree limits travel, get court approval first.
3. Children Are in School During the Holidays
Stick to what’s stated in your SPO about pickup/drop-off times around school holidays. For example, Tex. Fam. Code § 153.314 requires pickup at the time school is dismissed.
Visitation Tips to Avoid Conflict
- Plan Early – Confirm the holiday schedule a few weeks (or months) in advance. Put it in writing via email or a co-parenting app.
- Stick to the Order – Even if it feels unfair this year, remember that holidays rotate. Stay consistent.
- Stay Child-Focused – Ask what matters most to your kids. Sometimes, splitting a holiday or celebrating early works just fine.
- Avoid Last-Minute Changes – Last-minute demands often lead to conflict. Communicate clearly and respectfully.
- Use Legal Help If Needed – If disagreements persist, consult with a family court lawyer or divorce lawyer near me to modify the schedule officially.
Can We Create Our Own Holiday Schedule?
Yes. Parents can agree to a custom schedule that better fits their family’s traditions or work schedules. A judge will usually approve it if it serves the child’s best interests.
This is where a good family law attorney can help. Whether it’s postnuptial agreement services or negotiating a new divorce asset split, having legal support helps avoid future disputes.
What If the Other Parent Doesn’t Follow the Schedule?
If the other parent keeps violating the order (e.g., not returning the child on time), you can file a motion to enforce the order.
You’ll need:
- A copy of your court order
- Proof of the violations (text messages, emails, logs)
Get a free consultation from a divorce attorney in Fort Worth to help you through this. Texas courts take visitation orders seriously, and repeated violations can lead to consequences like fines or changes to custody.
Do These Rules Apply to Contested Divorces?
Yes. Whether your divorce was smooth or highly contested, the court-ordered parenting plan applies. In contested divorce cases, judges often stick to the SPO to avoid further disagreement.
However, in high net worth divorces or complex custody situations, courts may approve custom holiday plans, especially if travel, education, or religion is involved.
Can LGBTQ+ or Military Families Get Custom Schedules?
Absolutely. Texas family law is designed to treat all families equally. Whether you’re working with an LGBTQ divorce attorney or a military divorce attorney, you have the same rights to request schedules that meet your child’s best interests.
Turner Monahan PLLC – Here to Support You
Divorce changes family life, but with the right planning, holidays don’t have to be stressful. Knowing your rights under the Texas Family Code and working with experienced legal professionals can make a big difference.
At Turner Monahan PLLC, we’ve been helping families in Fort Worth, Tarrant County, Dallas, and Cleburne since 1973. With over 1,000+ divorce and custody cases handled, we know how to build a strong case around what matters most, your child’s safety, happiness, and stability.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. 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 are not intended 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, PLLC, by signing a written retainer agreement.
