Who Gets the Kids for the Holidays? A Texas Parent’s Guide to Thanksgiving and Christmas Custody

Holiday plans can create unexpected conflict

The holidays bring school breaks, family gatherings, and travel plans. For divorced or separated parents, they can also bring a difficult question: Who will have the children for Thanksgiving and Christmas?

Perhaps you are planning dinner with grandparents, arranging a trip, or preparing for your first holiday season after divorce. Knowing your parenting schedule before making those plans can prevent misunderstandings and give your children a more peaceful holiday.

For Texas parents, the best place to begin is your signed custody order.

Start With Your Custody Order

Before booking flights or promising relatives a visit, review the holiday provisions in your divorce decree or custody order. Look for sections addressing possession and access, Thanksgiving, Christmas school vacation, and exchanges.

When reviewing your paperwork, identify:

  • Which parent has each holiday this year.
  • The exact beginning and ending times.
  • Where exchanges will occur.
  • Who is responsible for transportation.
  • Any applicable travel or notice requirements.

Keep a copy of the custody order available when discussing plans. Referring to the actual language is usually more productive than relying on what either parent remembers.

How Thanksgiving and Christmas Parenting Time Generally Work

Under Texas’s standard possession framework, Thanksgiving alternates: the possessory conservator receives it in odd-numbered years, and the managing conservator receives it in even-numbered years.

Christmas break is divided into two periods, with an exchange at noon on December 28. The possessory conservator receives the first period in even-numbered years and the second in odd-numbered years; the managing conservator receives the opposite periods. The second period ends at 6 p.m. the day before school resumes.

These holiday provisions supersede conflicting regular weekend and Thursday possession. Starting times can vary under alternative possession provisions, so check your order carefully.

The practical takeaway is straightforward: do not assume your usual weekend schedule answers the holiday question.

Check the School Calendar Before Making Plans

Place your child’s school calendar beside your custody order and mark the relevant dates together. Pay attention to the last day of school before the break and the date classes resume.

Then enter the exact exchanges into your personal calendar. “Christmas break begins Friday” is less useful than a calendar entry identifying the pickup time, location, and parent responsible.

This is especially helpful when arranging childcare or coordinating with relatives. A few minutes spent checking dates can prevent an expensive travel mistake or a tense exchange.

Can Parents Agree to Change the Holiday Schedule?

Sometimes a different arrangement works better for everyone. A parent may want to attend an out-of-town family gathering or accommodate a work obligation.

Texas’s standard possession framework allows possession at times the parents mutually agree to in advance. Without agreement, the specified schedule applies. Check your order’s language before arranging a change.

If you agree to adjust the schedule, document the details clearly. Include the dates, pickup and return times, exchange location, and any agreed replacement time.

For example, “We agree that pickup will be Friday at 10 a.m. at your residence, with return Sunday at 6 p.m. at the same location” leaves less room for confusion than “You can have them that weekend.”

Do not assume a text exchange permanently changes your court order. If you want a lasting change, discuss a formal modification with an attorney.

Five Holiday Parenting Mistakes to Avoid

  1. Booking Travel Before Reviewing the Schedule

An airline reservation does not resolve a disagreement about parenting time. Confirm your dates and review any applicable travel requirements before committing money.

  1. Assuming Last Year’s Arrangement Applies Again

Holiday schedules often alternate. Last year’s celebration—and even last year’s informal agreement—may not answer who has the children this year.

  1. Leaving Exchange Details Unclear

Confirm the time and location before the exchange. Build your travel plans around the required return time, allowing room for predictable holiday traffic.

  1. Putting Children in the Middle

Avoid asking children to request a schedule change, deliver messages, or choose which parent should have a holiday. Handle those conversations directly through the communication method appropriate for your situation.

Children should be able to enjoy time with each parent without feeling responsible for an adult disagreement.

  1. Waiting Until the Last Minute

If a provision is confusing, seek clarification early. Addressing a question several weeks before Thanksgiving gives you more time to understand the order and consider your options.

What If the Other Parent Will Not Follow the Order?

A threatened denial of holiday parenting time can be upsetting. Keep your communications factual and preserve relevant messages.

Make a clear record of what happened, including scheduled exchange dates, times, locations, and any explanation provided. Avoid responding with threats or involving the children in the dispute.

An attorney can review the specific order and circumstances to assess whether clarification, enforcement, or another legal step is appropriate. If the same conflict returns every holiday season, ask whether the existing arrangement needs further review.

Give Your Children a Predictable Holiday

Planning does more than protect your calendar. It helps children know what to expect.

Once arrangements are settled, explain them in simple terms: where they will spend each holiday, when they will see the other parent, and what traditions they can look forward to. Avoid describing the schedule as one parent winning and the other losing.

A holiday celebration can still be meaningful when it happens on a different day. A special breakfast, a quiet evening opening gifts, or a family dinner the following weekend can become a tradition your children enjoy.

Questions About Your Holiday Custody Schedule?

You should be able to make holiday plans with a clear understanding of your parenting time. Whether you are navigating your first holiday after divorce or facing a recurring disagreement, reviewing your order early is a useful first step.

Setzer Law Firm helps parents in Tarrant and Denton Counties address child custody and parenting time concerns. Contact Setzer Law Firm to discuss your order and the options available for your family.

This article provides general information about Texas law and is not legal advice. Your rights and responsibilities depend on your court order and individual circumstances.

 

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