Houston, TX asked in Family Law and Child Custody for Texas

Q: I have every other weekend possession of my children and my weekend was at the start of spring break.

The custodial was scheduled for possession this past weekend. How does spring break effect the standard possession order? Who gets possession this weekend?

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2 Lawyer Answers

A: This really depends on how the possession and access schedule is written in your court order. If you have every other weekend possession of your children, you may have a modified possession and access schedule. Under the Standard Possession Order (SPO), if you live within 100 miles of the other parent, the non-custodial parent has the right to possession:

* 1st, 3rd, and 5th weekends of every month

* Thursday evenings during the school year,

*alternating holidays, and

*an extended period of time (30 days) during summer vacation.

Under the SPO, Spring Break is usually alternated. Take a look at the order and see if special provisions were written that deal with spring break and the weekends before and after spring break. You may consider consulting with an attorney in your area as well.

A: Read your order. It should have a provision for spring break. Under a standard possession order spring break is alternated.

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