What happens if you can’t take ALL that holiday time?

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!

About CJ.Harding
Chris believes one of the most important aspects of family law is seeing the 'big picture.' This means understanding the law, the facts of your case and the range of possible outcomes. Only after knowing each of those can an attorney convey the risks and potential results and guide you to make the right decision for your case, your life and your family. He understands every person and every case is unique. Chris will advocate for the very best possible result in your case. He has worked on a variety of family law cases, including tracing of assets, property division of estates worth more than one million dollars, international and interstate child custody issues, enforcement actions as well as pre-marital and post-marital agreements. Chris continues to be a student of the Law and helps to educate others by maintaining the "Hot Topics" section of the Firm web site, which features current issues in Texas family law. Topics have included how a bankruptcy can affect child support and the differences between alimony and court ordered spousal maintenance. Chris joined the firm after graduating cum laude from Southern Methodist University Dedman School of Law. During his time at SMU, Chris competed in numerous mock and moot competitions and placed nationally. Chris is a native Texan, growing up in the Houston area and completing his undergraduate studies at the University of Texas at Austin.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: