30 Mar Who Gets the Kids on Mother’s Day? How the Texas Possession Order Handles May Holidays
Mother’s Day is one of the most meaningful days of the year for so many families. But for co-parents in Texas, it can also be one of the most confusing. What happens when Mother’s Day falls on the other parent’s weekend? Does the regular schedule still apply? Who is actually supposed to have the children?
These are questions we hear every spring. The good news is that Texas law has clear answers. Here is what you need to know before Mother’s Day arrives.
The Texas SPO Has Specific Holiday Rules
If your child custody arrangement follows the Texas Standard Possession Order, also known as the SPO, you already have a built-in schedule for holidays, including Mother’s Day. The SPO does not leave holiday possession up to chance or goodwill. It spells out exactly who gets the children and when.
This means that even if Mother’s Day falls on the other parent’s regular weekend, the holiday rules in the SPO take priority. The regular weekend schedule steps aside, and the holiday schedule takes over.
What the SPO Says About Mother’s Day
Under the Texas Standard Possession Order, the mother is entitled to have the children every year on Mother’s Day. Specifically, the mother’s possession begins at 6:00 p.m. on the Friday before Mother’s Day and ends at 6:00 p.m. on Mother’s Day itself.
It does not matter whose weekend it would normally be. It does not matter if the father is the primary custodial parent. On Mother’s Day, the mother has the right to be with her children. Period.
The same rule applies in reverse on Father’s Day. The father has possession of the children each year on Father’s Day weekend, regardless of the regular schedule.
These holiday possession designations exist specifically so that both parents are guaranteed time with their children on the days that matter most.
What If You Have a Custom Custody Order?
Not every custody arrangement in Texas follows the standard SPO. Some parents have negotiated custom orders that work differently for their specific family situation.
If your order is customized, you need to read it carefully. Your holiday possession schedule may look different from the standard rules described above. Some custom orders specify different start and end times. Others may divide the holiday itself between both parents.
If you are not sure what your order says about Mother’s Day, do not guess. Pull out your custody order and read the holiday section before the weekend arrives. A disagreement on Mother’s Day morning is the last thing anyone wants.
Common Mistakes Co-Parents Make Around Holidays
Even when the rules are clear, holiday custody disputes happen every year. Here are the most common mistakes to watch out for.
Assuming the regular schedule applies. Some parents do not realize that holiday rules override the regular possession schedule. If you are expecting the children based on the normal rotation, and it happens to be a designated holiday, check your order again.
Not communicating in advance. Even if the schedule is clear, reaching out to your co-parent a week or two before the holiday to confirm the plan can prevent last-minute confusion and conflict.
Ignoring the pickup and drop-off times. The SPO specifies exact times for holiday exchanges. Showing up late or expecting a different time than what the order states can create unnecessary tension and may even constitute a violation of the order. Learn more about your visitation rights under Texas law.
Making plans without checking the schedule first. Before booking travel, family gatherings, or activities around Mother’s Day, confirm your possession schedule. Making nonrefundable plans on a weekend that belongs to the other parent creates problems that are difficult to undo.
What to Do If Your Co-Parent Is Not Following the Order
If your co-parent is refusing to follow the holiday possession schedule in your court order, that is a serious matter. A custody order is a legally binding document. Failing to comply with it can have real legal consequences.
If you are being denied your court-ordered time with your children on Mother’s Day or any other holiday, document everything. Write down what happened, when it happened, and any communication you have with the other parent about it. Then contact a family law attorney as soon as possible. If the situation calls for a change to your existing agreement, learn more about how modifications to custody orders work in Texas.
Protect Your Time With Your Children
Holidays are not just dates on a calendar. There are moments your children will remember. You deserve to spend them with your kids, and your children deserve to spend them with you.
At Navarrette Family Law, we help Texas parents understand their custody rights and take action when those rights are not being respected. Whether you have questions about your holiday schedule or need help enforcing your order, we are here.
Schedule a consultation with our team today and make sure your rights are protected before the holiday arrives.
The information in this blog is for general educational purposes only and does not constitute legal advice. Every case is different. Contact our office to discuss your specific situation.