When kids head back to school, it’s time to get back on track with your possession schedule. This can be further complicated once fall holidays start interrupting the normal routine. Understanding how to read your parenting plan is key to avoiding disputes with your co-parent and making transitions easy and stress-free, not just for you, but for your child.

For purposes of being specific and providing clear examples, we will outline how holiday possession generally works under the Expanded Standard Possession Order (ESPO) set out in the Texas Family Code. However, it is important to note that every case is different. Your final orders may follow this schedule exactly, modify parts of it, or replace it entirely depending on what you and your co-parent agreed to, or what the Court ultimately ordered. Always refer to your own final orders to see how your specific plan addresses these holidays.

1. The Major Holidays

These are the holidays most parents build their whole year around, and the ones most likely to cause a dispute if the schedule isn’t followed carefully. The holidays below override the regular weekend schedule that year, which can disrupt a parent’s normal weekend possession.

Generally speaking, a holiday schedule will follow the holiday calendar for the school in which the children are enrolled. A common resolution is that if a child is not yet school age, the parents follow the school district calendar for the district where that child’s primary residence is located.

1. Thanksgiving

Under the ESPO, Thanksgiving is typically outlined as the Possessory Conservator (The parent who does not have primary) having possession in odd numbered years, and the Managing Conservator (The parent who has primary) having possession in even numbered years. Possession begins as soon as school is dismissed for the Thanksgiving holiday and ends when school resumes after the Thanksgiving break. 

1. Winter Break

This period is usually split into two portions: the first portion runs from when school releases for the holiday until 12:00 p.m. on December 28th, and the second portion runs from 12:00 p.m. on December 28th until school resumes at the end of the holiday. Under the ESPO, the Possessory Conservator would have the first half of Winter break in even numbered years, and the Managing Conservator would have the first half in odd numbered years. An easy way to remember is whichever parent did not have Thanksgiving that year typically gets the first half of Winter Break. 

1. Spring Break

Spring Break possession also typically alternates by year and follows the child’s school district calendar. Under the ESPO, the Possessory Conservator would have possession in even numbered years, and the Managing Conservator would have possession in odd numbered years. Always check the actual district calendar, as schools can have different spring breaks depending on the school district. 

The takeaway with all three: these holiday periods take priority over the regular weekly schedule, so it’s worth checking your child’s school calendar marking your calendar early to avoid conflicts down the road. 

1. Weekends Extended by a Holiday on Monday or Friday

One of the most common areas of confusion is when a three-day or four-day weekend interrupts the regular schedule. Holidays like Labor Day, Memorial Day, Martin Luther King Jr. Day, and Presidents’ Day often fall on a Monday and schools often have various Fridays off during the school year, giving kids a long weekend.

Under the ESPO, if it is the Possessory Conservator’s 1st, 3rd, or 5th weekend and there is no school that Friday, the weekend simply starts early. Instead of beginning when school is dismissed on Friday, possession begins when school is dismissed on Thursday. The same idea applies in reverse when a holiday falls on a Monday. The Possessory Conservator’s possession would simply extend through the Monday holiday, ending when school resumes on Tuesday.

III. Religious Holidays

For many families, holidays like Easter, Passover, Eid, Rosh Hashanah, and Yom Kippur carry deep personal or cultural significance, and it may be important for a parent to spend that particular day with their child. The ESPO does not address most religious holidays.

This means that, unless your final orders include specific language addressing a particular religious holiday, that day will simply follow the regular weekly or weekend schedule already in place. If observing a particular holiday together, or separately, is important to your family, this is something to raise proactively, either through reaching a written agreement with your co-parent or by requesting specific holiday provisions be added during the negotiation process prior to finalizing your order.

If your current order is silent on a religious holiday or other important days that matters to your family, it doesn’t necessarily mean you’re out of options. It does mean you may need to communicate directly with your co-parent, or seek an agreement, rather than assuming the court’s standard holiday schedule covers it.

1. Final Thoughts

Reading a possession schedule can feel like learning a new language, especially once holidays start layering on top of the regular weekly rotation. The most important habit you can build is making sure to read your actual final orders each time a holiday approaches, rather than assuming last year’s schedule will repeat itself exactly. Small details, like whether a holiday period ends at 6:00 p.m. Sunday or at school drop-off Monday morning, can make a real difference in avoiding a stressful, last-minute dispute later.

What has been outlined above is meant to be a simplified overview of how to approach the upcoming holidays under the ESPO. This is not an exhaustive breakdown of every holiday covered under the ESPO or every provision that could appear in your specific order. Every order is different, and yours may include additional holidays, different terms, or unique provisions not addressed here.

If you’re unsure how your parenting plan addresses an upcoming holiday, or if you think your order needs to be updated to reflect your family’s needs, our office is here to help you review your orders and make sure you’re prepared well before the holiday season arrives.