Spring Break is quickly approaching, and Texas parents with a custody order (whether from a divorce or suit affecting parent-child relationship) in place may want to know how this affects the normal possession schedule.
First, a reminder that different people may have modified versions of the Texas Standard Possession Order, so if you have questions about your specific order, it is essential to reach out to a qualified family law attorney to help.
Assuming the parties have a Standard Possession Order in place with no modifications, then it reads as follows:
“The possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years.”
As we are now in 2019, managing conservators (i.e., typically the primary conservator) should be exercising Spring Break possession this year, absent a mutual agreement between the parties. It is important to remember that a holiday period of possession, including Spring Break, supersedes any regularly scheduled period of possession.
For example, Houston ISD Spring Break is March 11 – March 15, 2019. This means that the Spring Break period of possession begins at 6:00 p.m. on March 8, 2019, and ends at 6:00 p.m. on Sunday, March 17, 2019, as school resumes on March 18, 2019. This Spring Break possession period encompasses both the second and third weekend of the month. The possessory parent does not get their normally scheduled third weekend. Spring Break replaces that weekend by operation of law.
If a possessory conservator usually has overnight possession of the children on Sunday nights and returns the children to school on Monday during regular possession, Spring Break changes that. The possession now ends at 6:00 p.m. on Sunday and regular periods of possession resume the next day.
Holidays and Spring Break can be confusing for parents and children alike, so if you have any questions about your specific possession schedule, please contact the Ramos Law Group, PLLC.