Child Custody in Texas During the Holidays

Parenting can be hard enough during the holidays without the stress of having to split your kids’ time with your ex. Thankfully the Texas Family Code has codified a holiday possession order that provides both parents holiday time with their children after a divorce. For fathers looking to ensure they continue to have special holiday moments with their children, they can be guaranteed to have their children for either Thanksgiving OR Christmas on any given year under a standard possession order. The father would then have the children for the opposite holiday the following year. For example:

EVEN Year (e.g., 2024, 2026):

The Texas Standard Possession order holiday schedule addresses how parents should share their children during Thanksgiving and Christmas after a divorce or suit affecting parent child relationship (“SAPCR”). Specifically, Texas Family Code §153.314 (“HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART”) gives the possessory conservator—usually the father—possession of the children on Christmas in even years beginning at 6:00 p.m. on the day the children’s school is dismissed for Christmas Break and continuing until December 28 at Noon. The managing conservator—usually the mother—would then have the children beginning on December 28 at Noon and continuing until 6:00 p.m. on the day immediately before the children’s school resumes after Christmas Break when the “regular” possession order/schedule would resume. This schedule would flip in odd years, with the managing conservator—again, usually the mother—having possession of the children from 6:00 p.m. on the day the children’s school Christmas Break begins until December 28 at Noon when the possessory conservator would get a Christmas possession period with the children.

For Thanksgiving, Texas Family Code §153.314 (“HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART”) provides that in odd years the possessory conservator—usually the father—has possession of the children beginning at 6:00 p.m. on the day the children’s school’s Thanksgiving Break begins and continuing until 6:00 p.m. on the day immediately before the children’s school resumes after Thanksgiving Break. The managing conservator—usually the mother—would have that same Thanksgiving possession schedule in even years.

Thus, no matter whether it’s an even or odd year, a divorced dad will have either Thanksgiving break or the fist part of Christmas break (including both Christmas Eve and Christmas Day) with the children.

Please note that the parents can agree to a different holiday schedule for their Final Decree of Divorce, so consult your divorce decree for the language specific to your holiday possession schedule.

However, Texas Family Code §153.314 (“HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART”) provides a baseline standard holiday schedule to ensure both parents have holiday moments with their children.

While the holidays are different in a divorced household, there is no reason a divorced dad can’t make new traditions and lifelong memories with his children after a divorce or child custody case. The key is to maximize the holiday time you are allowed under your possession schedule.

The Texas Family Code also has standard possession language addressing Father’s Day, Mother’s Day, the child’s birthday and Spring Break. However, those holidays are not addressed in this article.