The holiday season is supposed to be a time for family gatherings, traditions, and making memories with your children. However, for divorced or separated parents, Thanksgiving and Christmas can also bring confusion and disagreements about parenting schedules. Questions about who gets the children for Thanksgiving, where they will spend Christmas morning, and when exchanges are supposed to occur can quickly turn an otherwise joyful season into a stressful experience.
One of the most common misunderstandings involves the relationship between a parent’s regular possession schedule and the special holiday provisions contained in a custody order. For example, a parent may assume that because Christmas falls during their regularly scheduled weekend, they are automatically entitled to have the children. However, that is not necessarily how holiday possession works in Texas.
Under the Texas Standard Possession Order, holiday possession generally takes priority over the regular weekend and weekday possession schedule. Understanding how these provisions work, particularly during the upcoming 2026 holiday season, can help parents avoid unnecessary conflict and plan ahead.
How Does Holiday Possession Work in Texas?
Texas law provides a Standard Possession Order (SPO) that establishes a framework for when each parent is entitled to possession of their children. Although parents frequently refer to this arrangement as a standard visitation schedule, it includes more than just alternating weekends or Thursday visits. It also contains specific provisions governing holidays, school vacations, birthdays, and other important occasions.
Under Texas Family Code ยง 153.314, Thanksgiving and Christmas possession generally alternate between parents based on whether the year is odd-numbered or even-numbered. This arrangement allows both parents to share important holiday experiences with their children over time, rather than having the same parent receive every Thanksgiving or Christmas.
However, not every family follows the exact statutory schedule. Some parents have negotiated customized possession arrangements, while others have court orders containing different holiday provisions. Parents with equal possession schedules may also have specific language addressing how holidays are divided.
For these reasons, the starting point should always be the actual possession order entered by the court, rather than assuming that the standard statutory provisions automatically apply.
Does Holiday Possession Override Regular Weekend Visitation?
Yes. This is one of the most important rules for parents to understand.
Under the Texas Standard Possession Order, the special holiday possession provisions generally supersede conflicting regular weekend or Thursday periods of possession. This means that a parent does not automatically get the children for Thanksgiving or Christmas simply because the holiday falls during their regularly scheduled parenting time.
For example, suppose a father ordinarily has possession of his children on the first, third, and fifth weekends of each month. If his regular weekend overlaps with a Thanksgiving holiday period awarded to the mother under the court order, the mother’s Thanksgiving possession takes priority. The father generally cannot insist on exercising his regular weekend during that conflicting holiday period.
The same principle applies to Christmas. If a parent’s regular possession schedule would otherwise provide for time with the children during Christmas break, but the holiday provisions award that period to the other parent, the holiday schedule generally controls.
Importantly, the parent who misses a regular weekend because of holiday possession does not automatically receive a replacement weekend. Unless the court order provides otherwise or the parents reach an agreement, the regular schedule generally resumes when the holiday period ends.
This is why reviewing the holiday provisions separately from the regular possession schedule is so important. Parents who only look at their usual weekends may misunderstand who is entitled to possession during the holidays.
Who Gets the Children for Thanksgiving in 2026?
Under the Texas Standard Possession Order, Thanksgiving alternates between the parents based on odd-numbered and even-numbered years.
In odd-numbered years, the parent designated as the possessory conservator under the statutory schedule generally receives Thanksgiving possession. In even-numbered years, the parent designated as the managing conservator generally receives Thanksgiving possession.
Because 2026 is an even-numbered year, the managing conservator generally receives Thanksgiving possession under the standard statutory schedule.
Thanksgiving falls on Thursday, November 26, 2026. Under the default statutory provisions, the Thanksgiving possession period begins at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ends at 6:00 p.m. on the following Sunday, November 29, 2026.
However, the beginning time may be different depending on the court order. For example, certain orders involving parents who live within 50 miles of one another provide for possession to begin when the child’s school is dismissed rather than at 6:00 p.m. Other orders may contain alternative beginning times or customized exchange provisions.
Parents should also remember that school calendars vary. One school district may dismiss students for Thanksgiving on the Friday before Thanksgiving week, while another may have a different schedule. Because the possession period is tied to the child’s school dismissal, the actual school calendar can affect when the holiday period begins.
Before making travel plans or scheduling family gatherings, parents should confirm both the language of their court order and the child’s school calendar.
Who Gets the Children for Christmas in 2026?
Christmas possession works differently from Thanksgiving because the Texas Standard Possession Order generally divides the Christmas school vacation into two separate periods.
The first portion begins when the child is dismissed from school for Christmas break and continues until noon on December 28. The second portion begins at noon on December 28 and continues until 6:00 p.m. on the day before school resumes after the Christmas vacation.
In even-numbered years, the possessory conservator generally receives the first portion of Christmas break, while the managing conservator receives the second portion. In odd-numbered years, the arrangement is reversed.
For Christmas 2026, the standard statutory schedule generally provides:
- First portion of Christmas break: The possessory conservator, beginning at 6:00 p.m. on the day school dismisses for Christmas vacation and ending at noon on December 28, 2026.
- Second portion of Christmas break: The managing conservator, beginning at noon on December 28, 2026, and ending at 6:00 p.m. on the day before school resumes in January 2027.
As with Thanksgiving, some orders provide for the first Christmas period to begin when school dismisses rather than at 6:00 p.m. Parents should carefully review the specific beginning and ending times in their orders.
Because Christmas Day falls within the first portion of the holiday period, the possessory conservator generally has the children on Christmas Eve and Christmas Day in 2026 under the statutory schedule.
The managing conservator generally receives the latter portion of the holiday break, including New Year’s Eve and New Year’s Day.
Although this arrangement may initially seem unfair to the parent who does not have the children on Christmas Day, the schedule reverses the following year. This allows both parents to experience Christmas morning with their children in alternating years.
What If My Regular Weekend Falls During Christmas Break?
This is another situation that frequently causes confusion.
Suppose a parent is ordinarily entitled to possession on the first, third, and fifth weekends of each month. If one of those weekends falls during the Christmas vacation period awarded to the other parent, the Christmas possession provisions generally take priority.
For example, a parent might ordinarily have possession during the weekend immediately following Christmas. However, if that weekend falls within the other parent’s court-ordered Christmas possession period, the parent cannot simply rely on the regular weekend schedule to take possession.
Similarly, the parent entitled to the second portion of Christmas break does not have to surrender the children for a regular weekend that conflicts with that holiday period, unless the court order provides otherwise.
Once the Christmas possession periods have concluded, the parties generally return to their regular possession schedule. Parents should not assume that the alternating weekend rotation restarts or changes simply because a holiday interrupted the normal schedule.
This is particularly important when determining possession during the first weekend in January. Depending on the child’s school calendar and the language of the order, that weekend may still fall within the Christmas vacation period.
What If We Have a 50/50 Custody Schedule?
Parents who share equal or approximately equal parenting time sometimes assume that the Standard Possession Order’s holiday provisions do not apply to them. However, that is not necessarily true.
Many equal possession orders contain separate holiday schedules that override the regular alternating-week or other equal possession arrangement. For example, parents may alternate Thanksgiving each year and divide Christmas break into two portions, even though they otherwise exercise possession on a week-on, week-off schedule.
Other parents may have negotiated entirely different arrangements, such as alternating the entire Christmas vacation each year or dividing Christmas Eve and Christmas Day between households.
The key is understanding that a regular 50/50 schedule does not necessarily determine holiday possession. If the order contains separate holiday provisions, those provisions will generally control over conflicting regular possession periods.
Parents should review the entire possession schedule rather than focusing exclusively on the provisions governing their normal parenting rotation.
Can Parents Agree to Change Their Holiday Possession Schedule?
Yes. In many circumstances, parents can agree to make adjustments to their holiday possession arrangements, provided their court order permits those agreements.
For example, one parent may have relatives visiting from out of state and request a different exchange time. Another parent may want to switch Thanksgiving years because of a special family event. Parents may also decide to divide Christmas Day differently so the children can participate in traditions with both households.
When parents communicate effectively and remain flexible, these agreements can benefit everyone, particularly the children.
However, parents should be careful about relying on informal conversations or assumptions. If the court order allows changes by mutual written agreement, the parents should document the agreed changes in writing. A text message or email confirming the dates, exchange times, and locations may help prevent misunderstandings.
It is also important to understand that an informal agreement does not necessarily constitute a permanent modification of the court order. If the parents cannot agree on future arrangements, the existing court order generally remains the governing document unless it is modified by the court.
What If My Ex Refuses to Follow the Holiday Possession Schedule?
Unfortunately, disagreements over holiday possession sometimes escalate beyond simple scheduling confusion.
A parent may refuse to surrender the children at the required time, insist that their regular weekend takes priority, or announce that they have already made holiday plans and will not follow the court order.
If this occurs, the first step is to review the order carefully and confirm that you are entitled to possession during the disputed period. Because holiday schedules can involve different beginning times, school dismissal dates, and exceptions, it is important to make sure you are interpreting the order correctly.
If the order clearly provides that you are entitled to possession, consider communicating with the other parent in writing. Identify the relevant provision, confirm the required exchange time and location, and request compliance without escalating the disagreement.
Parents should also preserve relevant communications and document any missed exchanges. If the other parent refuses to comply with a clear and enforceable possession provision, an enforcement action may be appropriate.
However, enforcement proceedings generally occur after the disputed possession period, and obtaining immediate relief during a holiday may be difficult. This is one reason parents should address potential disagreements before Thanksgiving or Christmas rather than waiting until the scheduled exchange.
An experienced family law attorney can evaluate the circumstances and advise whether enforcement or other legal relief may be available.
What If Our Court Order Has a Different Holiday Schedule?
Not every Texas custody order follows the Standard Possession Order exactly. Some families have modified holiday schedules based on work obligations, travel requirements, religious observances, extended family traditions, or the particular needs of their children.
For example, a court order might provide that one parent always receives Christmas Eve while the other receives Christmas Day. Another order might divide the holiday vacation at a different time or establish an entirely separate arrangement for Thanksgiving.
In those situations, the specific language of the court order controls. Parents should not assume that the statutory odd-year and even-year provisions apply when their order expressly establishes a different arrangement.
This distinction is especially important for parents who have entered into mediated settlement agreements or negotiated customized parenting plans. The final order may contain provisions that differ significantly from the statutory schedule.
When there is uncertainty, having an attorney review the order before the holidays can help prevent unnecessary disputes.
Tips for Avoiding Holiday Possession Disputes
Although holiday possession can become complicated, many disagreements can be avoided through preparation and communication.
Parents should review their court orders well before Thanksgiving and Christmas, paying particular attention to the applicable year, beginning and ending times, exchange locations, and any provisions that supersede regular possession. They should also confirm the child’s school calendar because school dismissal and return dates frequently determine the beginning or ending of holiday possession.
It can also be helpful to communicate the expected schedule to the other parent in advance. A brief, respectful message confirming the exchange arrangements may identify misunderstandings before they become more serious.
When possible, parents should avoid involving children in disagreements over holiday possession. Children should not feel responsible for deciding which parent they will spend the holidays with or be placed in the middle of arguments about the court order.
Most importantly, parents should remember that the holidays are about their children. While each parent understandably wants to spend meaningful time with them, unnecessary conflict can overshadow the very experiences parents are trying to create.
Final Thoughts
So, who gets the children for Thanksgiving and Christmas in Texas?
Under the Texas Standard Possession Order, Thanksgiving and Christmas generally alternate between parents based on odd-numbered and even-numbered years. For 2026, the managing conservator generally receives Thanksgiving and the second portion of Christmas break, while the possessory conservator generally receives the first portion of Christmas break.
Perhaps the most important point to remember is that holiday possession generally overrides conflicting regular weekend and weekday possession. A parent cannot automatically rely on their usual parenting schedule when the court order provides a different arrangement for Thanksgiving or Christmas.
However, every family should review its actual court order. Customized possession schedules, alternative exchange times, and other provisions may change how the holidays are divided.
Understanding these details before the holiday season begins can help parents avoid unnecessary disputes and focus on making positive memories with their children.
Questions About Your Holiday Possession Schedule?
Holiday possession disputes can be particularly stressful when parents disagree about what their custody order requires. Whether you need assistance interpreting your holiday schedule, addressing a potential violation, or modifying an existing possession arrangement, understanding your legal rights is an important first step.
At Grinke Stewart Law PLLC, our family law attorneys help parents throughout North Texas navigate custody arrangements, possession disputes, enforcement proceedings, and modifications of existing court orders.
If you have questions about your Thanksgiving or Christmas possession schedule, contact our office to schedule a consultation. We can help you understand your court order and evaluate the options available to protect your parenting time.
