Sometimes people cannot take all of their holiday possession time, and with Christmas coming up, I was curious what options they might have.
So, I pulled out the Texas Family Code, section 153.314. It says that:
“The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart…”
It then goes on to list Christmas Break.
While you would have to look at the specific possession schedule in your particular order, most state:
“Notwithstanding the weekend and Thursday period of possession of [possessory conservator]…”
Then it lists Christmas Break.
My interpretation is that if a Thursday or weekend falls on the possessory conservator’s time both under the regular terms and the holiday time, the possessory conservator can take it under either. If the possessory conservator’s normal Thursday or weekend time falls on the managing conservator’s holiday time, it’s the managing conservator’s possession time.
So, this year most Christmas Breaks start December 15, this Friday. While the possessory conservator would normally get the third weekend, this weekend, because it conflicts with under a standard possession order out of the Texas Family Code, the managing conservator has possession the first half of Christmas break and it gets wiped out for the other conservator. However, the possessory conservator would certainly get the fifth weekend in December, since it falls on what would be his/her time under the holiday possession, so doesn’t get wiped out, as well as Thursday December 28, and the first weekend in January.
Have a Merry Christmas, everyone!
Texas.Family.Lawyers 