The holidays are supposed to be a time for family, traditions, and making memories. For divorced or separated parents, however, the holiday season can also bring stress, scheduling conflicts, and disagreements over parenting time. Whether it’s Thanksgiving dinner, Christmas morning, Hanukkah celebrations, or New Year’s Eve, deciding where a child will spend each holiday often becomes one of the most emotional aspects of a Texas child custody arrangement.
Fortunately, Texas law provides a framework for holiday visitation in many custody cases. Understanding how holiday schedules work and planning ahead are critical for co-parenting success. It can help parents avoid unnecessary conflict while ensuring children enjoy meaningful time with both sides of their family.
At the Law Offices of Jason Wright, we help parents throughout Austin and Central Texas create practical parenting plans and resolve custody disputes with their children’s best interests in mind. We know that working out an agreement about things like holiday custody time is often the best way to go, but remain ready to advocate for our clients’ best interests in court should the need arise. Reach out to our law firm today to schedule a consultation with an Austin family lawyer.
Why Holiday Custody Schedules Matter
During the school year, regular parenting schedules typically follow a predictable routine. Holidays can interrupt that routine. Children may have extended school breaks, family gatherings, vacations, and special traditions that don’t fit into a regular parenting schedule. Without a clear holiday schedule, disagreements can quickly arise over questions like:
- Who gets Thanksgiving this year?
- Which parent has Christmas Eve or Christmas Day?
- What happens during winter break?
- How are birthdays handled?
- Can one parent travel with the child during the holidays?
A well-written parenting plan drafted by an Austin child custody lawyer can help to answer these questions proactively, before they become problems.
Understanding Texas Possession Orders
Texas courts rely on the Standard Possession Order (SPO) unless parents agree to a different arrangement or the court determines that another schedule better serves the child’s best interests. One important thing to understand is that holiday schedules override the regular visitation schedule. Even if a parent would normally have possession (visitation) on a particular weekend, the holiday schedule controls when the holiday begins.
This helps eliminate confusion and provides predictability for everyone involved. Thinking ahead and including holidays in your possession order can often help to reduce conflict. Although every custody order is unique, the Texas Standard Possession Order includes an alternating holiday schedule:
- Thanksgiving: Parents generally alternate Thanksgiving each year. For example:
- Parent A has Thanksgiving in even-numbered years.
- Parent B has Thanksgiving in odd-numbered years.
The holiday usually begins when school dismisses for the Thanksgiving break and ends when school resumes or the day before school resumes.
- Christmas and Winter Break: Christmas often receives the most detailed scheduling because winter break is longer. The language from the Texas Family Code divides winter break into two separate periods. One parent receives the first portion of the school break, while the other parent receives the second portion, including or excluding Christmas Day depending on the year. The schedule alternates annually, so each parent has the opportunity to celebrate Christmas with the child in alternating years.
- Spring Break: The spring vacation also commonly alternates between parents. One parent receives spring break during even-numbered years while the other parent has it during odd-numbered years.
- Mother’s Day and Father’s Day: These holidays typically remain with the respective parent regardless of whose regular weekend it may be. For example, Mother’s Day belongs to mom each year, while Father’s Day belongs to dad. These holidays supersede the normal possession schedule.
- Child’s Birthday: The language of the Texas Family Code provides both parents to have time with the child and any minor siblings on the child’s birthday. The language of the code says the parent not otherwise in possession is entitled to have between the hours of 6:00 pm and 8:00 pm.
- Parent Birthdays: The Texas Family Code does not enumerate time for the children on a parent’s birthday. That would have to be worked out by the agreement of the parents. Some parenting plans allow the child to spend time with that parent regardless of the regular schedule.
- Religious Holidays: Texas courts recognize that many families celebrate religious holidays beyond those listed in the Standard Possession Order. Parents often include provisions addressing:
- Hanukkah
- Easter Passover
- Eid al-Fitr
- Eid al-Adha
- Diwali
- Other family traditions
If religious observances are especially important to your family, they should be clearly addressed during the custody process rather than relying solely on the standard schedule.
- School Holidays: Many parenting plans also account for Labor Day, Memorial Day, Martin Luther King Jr. Day, teacher workdays, fall breaks, and long weekends. Although these may not always be addressed in a Standard Possession Order, parents can negotiate additional provisions if needed.
Creating a Parenting Plan That Fits Your Family
No two families celebrate holidays the same way. Some families gather on Christmas Eve, while others celebrate Christmas Day. Some have large Thanksgiving dinners, while others prioritize big family get-togethers at Easter or another holiday.
Parents have significant flexibility to create customized parenting plans that reflect their family’s traditions. For example, parents may agree to:
- Split Christmas Eve and Christmas Day
- Rotate specific holidays differently
- Celebrate holidays on alternate dates
- Allow children to attend extended family gatherings
- Share transportation responsibilities
A customized parenting plan often works better than relying strictly on the default Standard Possession Order. Our Austin custody attorneys can work with you to understand your family’s needs and craft a parenting schedule that reflects your unique lives.
Keeping the Child’s Best Interests First
Disputes over holidays often become emotionally charged because traditions hold deep meaning for parents and extended family members. However, Texas courts will focus on one question above all others. What arrangement serves the child’s best interests? Children benefit the most when parents prioritize stability and reduce conflict. Parents should avoid:
- Asking children to choose between parents.
- Speaking negatively about the other parent.
- Using holidays as leverage during disputes.
- Canceling scheduled visitation as punishment.
Instead, children should feel free to enjoy holiday celebrations with both families without feeling guilty or caught in the middle.
How Planning Ahead Can Reduce Conflict
One of the easiest ways to avoid holiday disagreements is to plan well in advance. Parents should discuss things like:
- Vacation plans
- Travel dates
- Transportation arrangements
- Exchange locations
- Special events
- School calendars
Many misunderstandings happen simply because parents never discussed their plans or expectations. Using a shared online calendar is one way that both parents can stay informed about upcoming holidays and exchanges.
When parents communicate respectfully and document any agreed changes in writing, flexibility often benefits everyone. In particular, the ability to be flexible can really benefit the child(ren).
Holiday Travel Considerations
Many families travel during school breaks. If a parent plans to travel with a child, the custody order may include provisions requiring:
- Advance notice
- A travel itinerary
- Emergency contact information
- Flight information
- Passport access, if applicable
If international travel is anticipated, additional planning may be required. For parents concerned with international parental abduction, restrictions on international travel can be addressed as part of a custody order.
Modifying Holiday Custody Schedules
As children grow older, their schedules naturally change. Teenagers may have jobs, school activities, sports tournaments, college visits, and social events. A holiday schedule that worked well when a child was five years old may no longer be practical at age sixteen.
Parents may agree to modify holiday schedules informally, but significant long-term changes should generally be reflected in a modified court order. A formal modification provides clarity and reduces future misunderstandings.
Conflicts over holiday schedules can and do arise. Disputes may come up over things like:
- Refusing holiday exchanges
- Last-minute schedule changes
- Vacation disagreements
- Transportation conflicts
- Interference with scheduled parenting time
When disagreements arise, parents should first review the language of the custody order. Many disputes stem from misunderstandings or a failure to discuss expectations rather than intentional violations.
However, if disagreements continue, parents may benefit from changing the custody order through negotiation or mediation. If one parent refuses to respect the holiday custody schedule, it may be necessary to go to court to enforce the order. While Texas courts generally encourage parents to resolve disputes outside of court, litigation may be required if your ex is uncooperative or unwilling to follow the schedule.
Contact the Law Offices of Jason Wright Today
Holiday custody arrangements don’t have to become an annual source of stress. With a well-drafted parenting plan, clear communication, and a focus on your child’s best interests, it is possible to create holiday schedules that provide stability while allowing children to build meaningful memories with both parents. Working with an Austin child custody lawyer can help you come up with a parenting schedule that meets your family’s needs and reduces the potential for conflict.
The Law Office of Jason Wright represents clients throughout the greater Austin area in child custody and other family law matters. If you have questions about child custody, holiday possession schedules, modifying an existing order, or resolving disputes, we can help you understand your options and protect your parental rights. To learn more or to schedule a consultation with an Austin child custody attorney, give us a call at 512-706-9662 or fill out our online contact form.