Holiday Custody Disputes in Texas: How to Handle Them
Holidays are meant to be peaceful, yet small misunderstandings about pickup times or school calendars can turn into last‑minute standoffs. In Austin and across Travis County, your court order and the Texas Standard Possession Order usually decide holiday time. This guide explains what the law says and how to de‑escalate quickly.
Key takeaways
- Holiday provisions override regular weekends and Thursday periods.
- Thanksgiving and Winter Break alternate by odd and even years, with a noon split on December 28 for Winter Break.
- Expanded Standard Possession can shift start/end times to school dismissal and when school resumes.
- If talks fail, courts can enforce the order; in some cases you can seek a return of the child via habeas.
- Travis County offers local, low‑cost tools to resolve disputes before court.
Step 1: Confirm your holiday time under Texas law
Start with your order. Most Texas orders track the Standard Possession Order, which sets holiday time for Thanksgiving, Winter Break, Spring Break, Mother’s Day, Father’s Day, and the child’s birthday. These holiday rules supersede regular weekends and Thursdays.
- Odd and even year: Thanksgiving alternates each year. Winter Break is split into two blocks that switch by year, and there is a mid‑break exchange at noon on December 28.
- Expanded Standard Possession (often called “Expanded SPO”): If elected or ordered, many periods begin at the time school is dismissed and end when school resumes.
- What “school” means: If a child is not yet enrolled, school refers to the public school district where the child primarily lives. That definition matters because many start and end times tie to the school calendar, even for preschoolers.
Texas SPO holiday schedule
Step 2: Defuse the dispute before it snowballs
- Re‑read the order, then write. Quote the exact holiday clause and propose a clear plan for the exchange with date, time, and location. Keep messages calm and focused on the child’s routine.
- Trade fairly, in writing. Parents can agree to different times. If you trade days, put it in a text or email and save screenshots so there is a record.
- Use local help in Travis County:
- Keep exchanges on time and neutral. Use a well‑lit public place or the child’s school for exchanges if your order allows it. Bring the child’s essentials, and avoid side conversations that can reheat the dispute.
Step 3: When you need the court
If one parent doesn't stick to the court-ordered holiday schedule, the other parent can file a Motion for Enforcement with the court that has jurisdiction. This might lead the judge to award make-up time, have the non-compliant parent pay for the other's attorney fees, and maybe even find them in contempt.
If the current order isn't clear enough to enforce, the judge can Clarify it before any contempt hearings, making future holidays specific and doable. If one parent is illegally keeping a child when the court order says the other parent should have possession, a court can order the child's immediate Return through a habeas proceeding, though there are a few exceptions.
Lastly, if the case is ongoing, parents need to Follow the Travis County Standing Order, which helps keep things calm by preventing disruptive behavior and hiding the child.
If your order no longer fits your family
If your work hours, travel, or school calendar have changed in a lasting way, a modification may be appropriate. Courts look for a material and substantial change plus the child’s best interest. Many judges encourage mediated solutions in Travis County, which can include a custom holiday schedule that fits your family’s real calendar.
FAQ
Do holiday schedules override my regular weekends?
Yes. Holiday provisions control when they conflict with weekend or Thursday periods.
Can we swap holiday days by agreement?
Yes. Parents can agree to different times in advance. Put your agreement in writing and save it.
What if the other parent will not follow the order on a holiday?
Consider a motion for enforcement. Judges can order make‑up time and attorney’s fees, and may use contempt remedies in serious cases.
Our order is unclear about when Winter Break starts. What now?
Ask the court to clarify the order so it is specific enough to enforce. Clarification is different from a modification and focuses on making the language precise.
Can I get my child returned quickly if they are withheld?
In some cases a court can order the immediate return of the child in a habeas proceeding if you are entitled to possession under the existing order.
We can help
Contact Carroll Troberman, PLLC for a free consultation. Call (512) 478-3800 or request a consultation online.
This article is for informational purposes only. It is not legal advice, and past results do not guarantee future outcomes. Every case turns on its specific facts and the current law.
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