The holidays are traditionally a time for gathering with family, But child custody and visitation rights can be problematic for parents trying to maximize their time with children during this festive time of year. Fortunately, dealing with child custody during the holidays doesn’t have to be troublesome if you follow a few basic guidelines. In this post, we’ll explain how Texas attempts to ensure fair custody and visitation during at the holidays through the Standard Possession Order and provide three simple, but important, tips for peacefully and safely navigating child custody throughout the holiday season.
Does Texas law account for fair child custody arrangements during the holidays?
Texas does attempt to ensure both parents receive fair time with children during the holidays through its Standard Possession Order.
Child Custody at Thanksgiving Under the Texas Standard Possession Order
The Standard Possession Order states that the “non-custodial” parent will spend the Thanksgiving break with children in odd-numbered years and the “custodial” parent spends the holiday period with children in even years.
Child Custody at the Winter or Christmas Break Under the Texas Standard Possession Order
Under the Standard Possession Order, the winter break, also referred to as the Christmas break, is split evenly between the parents or guardians. In even-numbered years, “non-custodial” parents have custody of children from the last day of school before winter break until December 28 at noon. “Custodial” parents then have custody from December 28 until school resumes.
In odd-numbered years, the order is reversed with “custodial” parents having custody from the last day of school through to the 28th at noon and “non-custodial” parents taking custody from the 28th at noon until the day school resumes.
The Standard Possession Order works fine for many parents, but for others, customized arrangements are preferable. Whether you follow the Standard Possession Order or chart your own course for holiday custody, the following tips will help you navigate the waters smoothly and lawfully.
Child Custody During the Holidays: 3 Tips for Success
Be clear, honest, and early with your plans
Fortunately, Texas encourages parents to work together to establish plans that work for everyone involved. Clarity, honesty, and early agreement is essential for these plans go off without a hitch. Documenting your plan is never a bad idea. A documented plan can serve as a set of rules to refer back to amid the hustle and bustle of the holiday season, as well as a safety net in the event of a disagreement
If you and your ex-spouse ended your marriage through more cordial proceedings, such as an uncontested divorce or mediation, adjustments to schedules may be easier than if you had gone through a more volatile contested divorce, but it’s always advisable to protect yourself and your child custody rights.
Contact Carrington Smyth PLLC today to speak with an experienced Texas family lawyer if you have any questions about child custody arrangements over the holidays, or for support with legal documentation of child custody plans.
Stick to the plan
If you’re following the Standard Possession Order, the guidelines are spelled out in a legal document. If you’re coming up with your own plan, it’s once again advisable to document the plan and have both parents sign it. Then, be sure you stick to it.
Following are a few common ways parents divide and share holiday time:
- Split the day of the holiday so children spend half of the day with each parent.
- Swap the holiday(s) each year. For example, a child spends Thanksgiving with one parent this year and then spends Thanksgiving with the other parent next year.
- Create two celebrations of the same holiday. For example, one parent spends Christmas with a child on December 22nd and the other parent spends Christmas with the child on December 25th. You can alternate the arrangement each year so one parent gets to spend the official holiday with the child every other year. An obvious bonus for children with this approach is that they get two Christmases every year.
- If parents are more partial to certain holidays than others, children can spend those days with the respective parent every year.
Other arrangements can be made with good communication and a willingness to compromise. Regardless of the route you choose, it is important to stick to the terms of the agreement.
Let you children have a voice in the plan
The days of children being seen and not heard are long gone—and for good reason. Giving your children a say in their holiday plans makes them feel heard and supports a healthier relationship. Whether they’re 6 or 16, children are going to have their own holiday wishes for how and where they’ll be spending their time. Of course, safety is the primary concern when it comes to children, and should be prioritized over a child’s desires—even if it means taking on the role of a Grinch their eyes.
The holidays can be one of the most stressful times of the year with shopping, decorating, hosting, or visiting. Navigating child custody during the festive period doesn’t have to be stressful if you follow the three tips outlined in this article.
Contact Carrington Smyth PLLC today to learn more about navigating child custody during the holidays, or with questions about legally safeguarding yourself by officially documenting your child custody plan.