If you have children and are going through a divorce in Texas, it is important to pay close attention to the possession schedule you agree to in your final decree. It is important to remember that holiday periods of possession as it is stated in your Texas divorce decree supersede your regular weekly periods of possession. When structuring your possession schedule to best accommodate you and your children, it is best to refer to your child’s school district and what days the school district considers to be a holiday.
Thanksgiving periods of possession in Texas can be tricky. The Texas Family Code alternates Thanksgiving periods of possession between parents on an every other year basis. The Thanksgiving holiday begins the day the child is dismissed from school and ends either the night before school resumes or the day school resumes after the Thanksgiving holiday.
Most school districts in Texas now release children for the Thanksgiving holiday on the Friday preceding Thanksgiving as opposed to the Tuesday or Wednesday preceding Thanksgiving. This difference can affect the amount of time you have with your children in a given year. For instance, if you are entitled to possession the weekend preceding Thanksgiving, your spouse is entitled to the Thanksgiving holiday, and your child is dismissed from school on the Friday before Thanksgiving, your spouse’s Thanksgiving period of possession will supersede your weekend before the Thanksgiving holiday. This occurs because the weekend preceding the Thanksgiving holiday is considered part of the Thanksgiving holiday due to your child being dismissed from school the Friday before Thanksgiving.
If your child is dismissed from school on the Friday before Thanksgiving, you may want to structure your Thanksgiving holiday periods of possession for you and your spouse to begin the Monday preceding Thanksgiving so as to not miss a regular weekend period of possession.