Legal Question in Family Law in Texas

Re: Holiday Visitation

In my opinion, that is one of the many gray areas of the law. I don't know of any rule or case that states definitively one way or the other.

If, for example, Dad not taking the children on the 17th meant that you either had to take them on a trip with you that was scheduled to last until the 26th, or forego your trip, a Judge might she it as reasonable that you communicate this to Dad, and give him the option of picking them up on the 17th or not getting them this Christmas.

On the other hand, if Mom is in town with the kids anyway, and is simply telling Dad he can't have them from the 24th-26th out of spite. The Judge would likely see that as wrong and harmful to the children.

In short, the non-custodial parent's periods of access are times during which he/she is allowed to have the children, not required to take the children. The law simply doesn't have ready answers for all the possible scenarios.

The one certainty is that both parents are required to do what is in the best interest of the children.

Re: Holiday Visitation

First, if your ex-husband has not complied with the divorce decree - i.e. picking up the children when he is ordered to do so, you should not be subject to comtempt for denying that particular possession block of time.

Now that doesn't mean the Court wouldn't order make-up time, or give your ex-husband some other remedy.

Here's the reality check - since for whatever reason he can't do the regular ordered possession this year - why not switch. Propose that he have from Noon on the 26th until school resumes - assuming you have a standard possession order. I'm fairly confident that your decree allows you and your ex to make other arrangements for possession, like switching weekends, etc. Maybe this is just another one of those times.

Always write down those different agreements, and both of you sign. That can be done via fax, email, or however. But don't send the paper with the kids for him to sign.

Other factors that would change this advise would be the ages of the children; whatever hardship you're under changing the schedule; where everyone is located; and the desires of the children.

Whatever happens, try to take a step back and view this from the children's perspective. If Dad's circumstances are such that he can't do exactly what the Court order states, I encourage you to work out some possession time that doesn't work a hardship on you but still allows the children to see their father during the holidays.