The holiday season is meant to bring families together, but for divorced or separated parents in Texas, Thanksgiving and Christmas can be some of the most emotional and complicated times of the year. Questions like “Who gets the children this year?” or “What if the other parent refuses to follow the schedule?” are common.
This blog explains how Texas law decides holiday visitation, how to read the Texas Family Code, and what happens when parents disagree.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Holiday Visitation in Texas
Under Texas law, holiday visitation is typically governed by the Standard Possession Order (SPO) outlined in the Texas Family Code, Chapter 153. This legal order explains when each parent has the right to spend time with their child during major holidays.
Key Statute:
Texas Family Code §153.314: This section explains the standard holiday possession schedule, including Christmas and Thanksgiving.
The goal is fairness. Holidays usually alternate each year between parents—so one parent may have Christmas break in even-numbered years and Thanksgiving in odd-numbered years, and vice versa.
How Thanksgiving Visitation Is Determined
Under Texas Family Code §153.314(5):
- The noncustodial parent (managing conservator) receives Thanksgiving every other year, beginning at 6 p.m. on the day school is dismissed for Thanksgiving break.
- The period ends at 6 p.m. on Sunday.
Example:
If you are the noncustodial parent in an even-numbered year, your Thanksgiving possession begins when school releases for the break and ends Sunday evening.
Real-life Scenario:
A parent may pick up the child from school on Wednesday at dismissal and return them Sunday at 6 p.m. If the child is homeschooled or has an alternate schedule, the court order will specify the actual pickup time.
Christmas Visitation in Texas
Christmas is split into two parts:
- First Half of Christmas Break
- Second Half of Christmas Break
According to Texas Family Code §153.314(6):
- One parent will have possession from the day school dismisses for Christmas break until December 28 at noon.
- The other parent will have possession from December 28 at noon until school resumes.
Parents alternate these periods every year.
Example:
In odd-numbered years, Parent A may get the first half of Christmas break, and Parent B gets the second half. In even-numbered years, the schedule switches.
What If Parents Live More Than 100 Miles Apart?
Texas law adjusts visitation based on distance. Under Texas Family Code §153.313, the parent living more than 100 miles away has extended rights to ensure meaningful holiday time.
This may include:
- Additional days during Christmas
- The option to choose Thanksgiving possession every year
What If Parents Agree to a Different Schedule?
Parents can agree to a custom holiday schedule that works better for their family. For example, some families decide that:
- Both parents will share Thanksgiving Day.
- One parent celebrates Christmas Eve, and the other has Christmas morning.
Any agreements must be in writing to avoid conflict.
Common Holiday Conflicts and Solutions
| Scenario | What Texas Law Says |
| One parent refuses pickup or drop-off | The other parent can request enforcement under Texas Family Code Chapter 157. |
| Child refuses to go with one parent | Parents must still follow the order. Only a judge can change it. |
| Travel plans conflict with the schedule | Travel must align with court orders unless both parents agree otherwise. |
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
At Turner-Monahan PLLC, we understand that holiday visitation is not just about dates, it’s about your relationship with your child, your family traditions, and creating lasting memories.
With 50+ years of legal experience, our firm has helped thousands of Texas families resolve visitation disputes through reliable legal solutions. Whether you need help with contested divorce, divorce proceedings, or adjusting your holiday schedule under the Texas Family Code, our attorneys are here to stand by your side.
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.
