07 Apr Who Gets the Kids on Father’s Day? Texas Custody Rules Explained
Father’s Day is one of the most emotionally significant weekends of the year for dads across Texas. But for co-parents navigating a custody order, it can also be one of the most confusing. What happens when Father’s Day falls on your co-parent’s scheduled weekend? Does the holiday automatically override the regular possession schedule? The short answer is: it depends on your order, and knowing the details before Sunday morning matters more than most people realize.
How the Texas Standard Possession Order Handles Father’s Day
Under the Texas Standard Possession Order (SPO), Father’s Day is specifically listed as a designated holiday for the father. Texas Family Code Section 153.314 grants the father the right to possession of the child on Father’s Day weekend, beginning at 6:00 p.m. on the Friday before Father’s Day and ending at 6:00 p.m. on Father’s Day itself, regardless of whose regular weekend it falls on.
This means that even if Father’s Day lands squarely on the mother’s scheduled weekend, the father retains the right to spend that time with the child under a standard order. The holiday provision takes precedence over the regular possession schedule.
What If You Have a Custom or Modified Possession Order?
Not every custody order in Texas follows the standard possession schedule. Many families have customized agreements that were negotiated or ordered by the court based on their specific circumstances. If your order has modified the holiday schedule, or if it is silent on Father’s Day specifically, the default SPO language may or may not apply depending on how your order is written.
Before assuming the holiday override applies to your situation, read your actual court order carefully. If the language is unclear or your order does not address Father’s Day, it is worth consulting with a family law attorney before a conflict arises, not after.
What About the Expanded Standard Possession Order?
Under the Expanded SPO, the father’s possession time is broader overall, but the Father’s Day provision works the same way: the father receives possession for Father’s Day weekend. The key difference with an expanded order is that it typically extends the regular weekend possession through Monday morning, which can affect the logistics around the holiday.
What Happens If Your Co-Parent Won’t Cooperate?
If your co-parent refuses to honor your Father’s Day possession rights under a valid court order, you have legal options. A violation of a possession order can be addressed through a Motion for Enforcement in the family court that issued your order. Courts take these violations seriously, and repeated interference with court-ordered possession can result in sanctions, makeup time, and in some cases, a modification of the custody arrangement.
Document everything. If your co-parent denies access, note the date and time, save any communications, and speak with an attorney about your options before the situation escalates.
Planning Ahead Makes All the Difference
The best outcomes for co-parenting holidays come from preparation and communication, not confrontation. Review your custody order well before Father’s Day. If you anticipate a conflict, address it early, ideally in writing with your co-parent. If you cannot reach an agreement, your attorney can help you understand your rights under your specific order before the weekend arrives.
Navarrette Family Law works with Texas parents every day to navigate these exact situations, whether that means clarifying what an order says, enforcing your rights, or modifying a schedule that no longer works for your family.
If you have questions about your situation, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.