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It's Not Just for Trick or Treat...Who Gets the Kids on Holidays?
Posted By Godwin Bowman & Martinez || Mar 11, 2016
The standard holiday possession schedule in the Texas Family Code does not address Halloween or several other non-major events as holidays. This means parents are stuck with the default possession schedule you have in place for normal weekend/weekday possession, unless you specifically address Halloween or those “extra” special occasions as a holiday in your possession schedule.
So, when it comes to Halloween for example, what does this mean for parents and children who love to dress up and go trick or treating but did not specifically address Halloween in the order? First things are first – always talk to the other parent and see if you can work out an agreement on where the children will be for Halloween and who will accompany the children (One parent? Both?)
You should know that parents can always work out a change to the standard schedule if you already have a final order, or you could agree to include specific provisions in your final order to address unique holidays not covered under the Texas Family Code.
In 2015, Halloween fell on the fifth weekend of the month. Looking ahead, Halloween over the next couple of years will be during the week. I think parents with small children probably care more about this than parents with older kids – your kids are only small once and at some point they probably don’t want to go trick or treating with you anyways (not looking forward to those days)! So if Halloween is an event in which you participate, think about a schedule that allows both parents to spend some trick or treat time with the children – and talk to your attorney about all the different holidays and events that are special to you but might not be covered under the standard holiday possession schedule in the Texas Family Code. Families all have unique traditions, and the standard holiday schedule does not cover many special events, celebrations, and religious holidays that you should address in your final order.