Holidays can sometimes bring up difficult emotions, and during a divorce, the unknowns surrounding possession of the children during the holidays can make those emotions particularly acute. Many parents wonder what will happen with their children on the holidays, but the good news is, that uncertainty can be resolved, whether through a Standard Possession Order or via an agreement between both parents.
By Agreement
Parents going through a divorce may make agreements regarding the possession schedule for their children, allowing parents to schedule periods of possession that work well with both the children's and parents' schedules.
Parents may agree that one parent will have the actual day of the holiday and the other parent will have the night before. Parents may also agree that one parent may have the morning of the holiday and one parent may have the evening. For example, parents may agree that one parent has possession of the children during the showing of Macy's Thanksgiving Day Parade through lunchtime, and then the other parent will have possession of the children on Thanksgiving from lunchtime through the evening.
If a particular holiday is more important to one parent than another, the parents may agree that they will each take the holidays important to them. By way of example, one parent may celebrate Independence Day each year with a family party, and the other parent always celebrates New Year's Day, so the parents each agree to the other having the holidays they have always held dear.
Temporary Orders
If parents cannot agree on a possession schedule for the holidays, it may be necessary to have a hearing so that the Court can make the decision for them. The parents may request a hearing so that the Court can make Temporary Orders that will govern the possession schedule in the absence of an agreement. The process for scheduling and appearing for hearings varies by county and court, so it is important to consult with an attorney to find out how a particular court schedules and hears these requests.
Standard Possession Order
When parents do not agree on a possession schedule, the legal presumption in Texas is that the parents will operate under the Standard Possession Order in the Texas Family Code, which provides for some, but not all, holidays families might celebrate.
The Standard Possession Order alternates holiday possession in even and odd years, attempting to balance out the holiday time for parents and children. However, this means that in some years a parent may not have possession of a child from the time school is released for winter break through December 28, or the parent may not have possession of a child during the child's Thanksgiving break.
Strong Emotions
It is important to remember that a divorce can be a stressful and emotional event for both the parents and the children. To preserve the holiday spirit for the children, parents can work to put the best interests of their children in the spotlight and not involve the children in parental disputes. Parents can also use this transition period to create new traditions, potentially extending the celebration over several days rather than just the day or days of the holiday itself.
About Jordan Watson
Jordan Watson is a Dallas-based family law attorney with a passion for helping families find the right structure to thrive. She has exclusively practiced family law since being licensed to practice law in Texas in 2020. Before graduating with honors from Southern Methodist University’s Dedman School of Law, Jordan served as the president of the Family Law Association and as Chief Counsel in the VanSickle Family Law Clinic, where she had hands-on courtroom experience before beginning practice after licensure. Contact us to schedule a consultation.