Court-Ordered Holiday Visitation Schedules

 Posted on October 27, 2016 in Child Custody

In Texas, parents who are involved in divorce proceedings have the option of drafting a parenting plan that sets up a specific visitation schedule. However, when a couple is unable to come to an agreement, the court may choose to implement the standard visitation schedule created by statute, which guarantees parents visitation with their children on certain holidays. Determining when a parent has visitation with his or her child can be difficult and emotionally taxing, but by failing to come to an agreement outside of court, parents largely give up their control over the terms of the custody arrangement, which can lead to an unsatisfactory result for all parties. If you are considering a divorce and have questions or concerns about visitation on holidays, it is important to obtain the advice of an experienced child custody attorney who can help you draft a parenting plan that is in your child’s best interest.

Thanksgiving and Christmas Vacations

Usually, visitation schedules depend partly on the distance between the parents’ residences. However, in court-ordered custody arrangements, possession on certain holidays is predetermined, regardless of distance, unless a child’s best interest dictates otherwise. For instance, non-custodial parents are granted access to their child during the Christmas holidays:

• In even-numbered years beginning at 6:00 p.m. on the day the child is let out of school and ending at noon on December 28; and
• In odd-numbered years beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes.

Non-custodial parents also have rights to access during Thanksgiving holidays:

• In odd-numbered years beginning at 6:00 p.m. on the day school is let out for the Thanksgiving holiday and ending at 6:00 p.m. on the following Sunday.

Other Holidays

Non-custodial parents are granted visitation on other important holidays, including their child’s birthday. On that date, non-custodial parents have access to their child from 6:00 p.m. to 8:00 p.m. However, this right is contingent upon the non-custodial parent’s agreement to pick the child up and drop him or her off at the custodial parent’s residence. Fathers can also visit their child from the Friday before Father’s Day until 6:00 p.m. on Father’s Day itself, while mothers are granted rights to possession from the Friday preceding Mother’s Day until 6:00 p.m. on the following Sunday.

When a non-custodial parent’s weekend visit overlaps with a student holiday that falls on Monday or, during the summer months, with a state or federal holiday, his or her weekend possession will be extended through 6:00 p.m. on Monday. When a holiday falls on a Friday, the non-custodial parent’s weekend visit will begin at 6:00 p.m. on the preceding Thursday.

Contact an Experienced Complex Child Custody Attorney Today

If you are considering filing for divorce and have questions about creating a visitation schedule, please contact Powers and Kerr, PLLC at 512-610-6199 and we will help schedule a consultation with an aggressive Leander complex child custody attorney We are eager to assist you with your case.

Source:

https://texasattorneygeneral.gov/files/cs/qa_ncp.pdf