Holidays can be challenging for divorced parents. The whole “who gets possession” issue can quickly escalate into major conflicts. So, to avoid slipping into fierce custody battles, you must understand all of the standard processes used in the family courts under Texas Family Law.
Child custody and visitation is a delicate matter. If it is not handled with care, many aspects are further prone to get convoluted, such as your child’s health. So, before you dive into the decision-making part, discuss with someone who has taken care of such cases extensively and knows the holiday possessions part inside and out. Managing Partner Tyler Monahan of Turner Monahan PLLC is an expert attorney with a firm grip over Texas family law.
So, if you want to go over your case and want to know legalities, then schedule a free consultation with Turner-Monahan, PLLC., Fort Worth, Texas at https://tumolaw.com/contact-us/
Possession vs. access
Since we are discussing child custody, it is helpful to shed light on the basics and take a moment to understand the difference between “possession” and “access”.
“Possession” under family law is when one of the parents gets to see the child in person. That parent is the sole decision-maker regarding where the child goes in that time period.
In contrast, “access” is when parents interact with their child over phone calls, facetime, or social media. Moreover, parents have access to the child’s educational and health records.
The standard approach for child possession in holidays
Tyler Monahan briefs us in the video that, luckily, the Texas Family Code does have a standard approach that can ease the issue of holiday possessions. There are a few of these that are recognized and codified inside the family code.
They are:
- Thanksgiving
- Spring break
- Summers
- Christmas/New Years
During all of these holidays, the “primary” parent, also known as the “custodial” or “managing” conservator, will have certain days and timings that are allocated for them to get the child. The other half of the time is for the “non-custodial” or the “possessory” parent. Here is how the total time is divided between both parents for different holidays:
Thanksgiving
According to the Texas Family Code Chapter 153, Section 314, the custodial parent will have possession of the child in the even-numbered years. Therefore, the child will be spending the time with the custodial parent from 6 pm of the day they have been dismissed from school, that is, before Thanksgiving.
This period will last till the following Sunday till 6 pm. As for the other parent who is not the managing conservator or the primary parent will have the possession in the odd-numbered years. This possession period will be the same as the one for the primary conservator.
Spring break
The Spring break follows almost the same pattern as Thanksgiving does. However, the custodial parent, in this case, will get the possession in odd-numbered years. The Texas Family Code states in Chapter 153, Section 312, that possession will begin at 6 pm when the child leaves for spring break till 6 pm on the day before the end of the vacation.
Summers
During the summers, typically it is the non-custodial parent who gets the possession for 30 days. To avail of this period, the Texas Family Code indicates in Chapter 153, Section 312 that they will have to submit a notice by April 1st, or the possession period will automatically default to July 1-31st.
In the case where the parents reside at a distance of more than 100 miles, then under Texas Family Code, Chapter 153, Section 313, the 30 days will get extended for 42 days for the non-custodial parent. As for the custodial parent, if they submit a notice before April the 15th, they can visit the child during these 42 days on two non-consecutive weekends.
Christmas
Under the Family Code, Chapter 153, Section 314, the custodial parent is the one who has Christmas during the odd-numbered years. Therefore, the possession begins when the child is released from school for the Christmas holiday and lasts till noon on December the 28th.
The non-custodial parent will have visitation from December the 28th at noon, all the way until 6 pm on the day before the school resumes. The family code switches this pattern so the non-custodial parent would have the first half of Christmas for the next year in even years, and the custodial parent would have the last half of Christmas.
If you are about to get into a custody battle and find it difficult to understand the legal language, then head out to Turner-Monahan’s website. The blog posts can really help you out. You can begin by understanding conservatorship and then dive deeper into other custody debates, such as the 50-50 custody arrangement case.
Standard Possession Order (SPO)
After the custody battle and court’s ruling, the parents get a Standard Possession Order (SPO). Under Section 311 of Family Code’s chapter 153, this order specifies the possession times mutually agreed by the parents. The order can be modified as holiday traditions vary from family to family.
A standard SPO does the following:
- Lays out the schedule of visitation for the custodial and non-custodial parent
- Covers holiday schedule so that parents get to spend substantial time with their child
Contact a Qualified Fort Worth, Texas Child Custody Attorney
Family matters can get very complex when holidays are around the corner. A slight misunderstanding of schedule can lead to heated arguments resulting in severe stress for both parents and the child.
Therefore, it is better to have someone that can assist you in such delicate matters. To know more about modifications of the SPO, holiday schedules, or child custody in general, contact attorney Tyler Monahan and schedule a free consultation.
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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.
