In Texas, most people who have an order that deals with possession and access have what is called a Standard Possession Order, oftentimes referred to as an SPO. Unless parties come to an agreement regarding possession and access, courts most likely will order parties to have an SPO. An SPO is a detailed schedule of days and times that each parent will have possession and access of the child or what most people call “visitation” with the child. The goal of an SPO is to give families a consistent and predictable possession schedule. This blog will start with an overview of what is an SPO and parents’ periods of possession under an SPO. Thereafter, this blog will discuss how SPOs address the holidays in Texas, so you can be aware and feel prepared to plan your holidays accordingly.
Managing Conservator v. Possessory Conservator
Generally, parents are either a custodial parent or a noncustodial parent under the order. The Texas Family Code refers to custodial parents as “Managing Conservators” and noncustodial parents as “Possessory Conservators”. The Managing Conservator has the child at all times not designated for a Possessory Conservator. The Possessory Conservator’s schedule with the child depends on how far the Possessory Conservator lives from the child’s residence. This blog will focus on Holidays under the Standard Possession Order.
Holidays Under an SPO
An SPO details each parent’s holidays with the child. Under an SPO, the following are considered holidays: Mother’s Day, Father’s Day, the Child’s birthday, Thanksgiving, and Christmas. Holidays are unaffected by distance, so the following holiday periods of possession will not change regardless of how far a Possessory Conservator lives from the child’s residence.
Mother’s Day
A Mother is entitled to possession of her child during Mother’s Day weekend. If she is not already entitled to possession of her child, a Mother will have right to possess her child either from 6 pm on the Friday before Mother’s Day until 6 pm on Mother’s Day or from the time her child’s school is dismissed on the Friday before Mother’s Day until the time the child’s school resumes after Mother’s Day.
The beginning and ending times of a mother’s possession during Mother’s Day weekend is determined by her Order. If the beginning and ending times begin and end according to the school’s schedule then her possession during Mother’s Day weekend will also begin and end according to the school’s schedule. Otherwise, her possession will begin and end at 6 pm on Friday and Sunday.
Father’s Day
Similarly to Mother’s Day, a Father is entitled to possess his child during Father’s Day weekend. If a Father is not otherwise entitled to possess his child, he will have one of the following periods of possession, either from 6 pm on the Friday before Father’s Day until 6 pm on Father’s Day or from 6 pm on the Friday before Father’s Day until 8 am on the Monday immediately following Father’s Day.
A Father can specify that he wants the second option which includes an overnight on Sunday if he lives within 100 miles from the child. You may be wondering, why do the starting and ending times differ from Mother’s Day? The reason is because Mother’s Day occurs during the school year and Father’s Day occurs during the summer.
Child’s Birthday
A child’s birthday is a fun, exciting, and memorable day to spend with one’s child. Texas wants to make sure that both parents have the ability to spend time with their child on this special day. For this reason, an SPO gives the parent who does not already have the child on the child’s birthday two hours to celebrate together. The parent who does not already have possession of the child according to their SPO will have the right to possess the child from 6 pm on the child’s birthday until 8 pm on the child’s birthday.
However, like all periods of possession under the SPO, the parents can always agree to a different schedule. Agreements can be helpful in situations such as throwing a joint birthday party for the child or otherwise spending time together with the child on the child’s birthday when one parent does not have a designated period of possession.
Thanksgiving
Thanksgiving is another holiday that is included in SPOs. In odd-numbered years, the Possessory Conservator has possession of the child during the Thanksgiving break and in even-numbered years the Managing Conservator has possession.
If the Possessory Conservator’s SPO has other periods of possession that begin and end with school then the Possessory Conservator’s Thanksgiving period of possession will begin at the time school is dismissed and end at 6 pm the following Sunday. Otherwise, the Possessory Conservator’s Thanksgiving possession will begin at 6 pm on the day the child’s school is dismissed for Thanksgiving and end at 6 pm the Sunday before school begins again after the break.
Christmas
An SPO divides Christmas into two parts. In even numbered years, the Possessory Conservator will have the right to possess the child starting at either 6 pm the day the child is dismissed from school for Christmas or at the time the school is dismissed for the holiday. The Possessory Conservator’s period of possession will end in even numbered years at noon on December 28th. Thereafter, the Managing Conservator will have the child for the rest of the Christmas break starting at noon on December 28th during even numbered years.
Every year the parent who has the child during the first and second part of Christmas break will switch. During odd numbered years, the Managing Conservator will have the child from the time the child is released from school for Christmas until noon on December 28th. The Possessory Conservator will have the child from December 28th at noon until 6 pm the day before the child’s school resumes following the Christmas break. Therefore, the parent who has the first part of Christmas break one year will have the second part of Christmas break the next year and vice versa.
As hard as it can be to spend the holidays away from your child, all parties must comply with the court order regarding possession and access. If possible, try building a strong co-parenting relationship with your child’s other parent. A healthy co-parenting relationship can result in the parties agreeing to informally modify their periods of possession in their court order when such a modification is in the best interest of the child or when necessary. Remember, parents are free to deviate from their court ordered periods of possession if the parties agree. However, failing to comply to the order without the other parent’s agreement can result in legal consequences, including the other party filing a Motion to Enforce, which can lead to additional legal fees, fines, and even possibly jail time. We recommend downloading our standard possession calendar and reviewing your order so you fully understand your holiday possession schedule.