Q: Does the Christmas break visitation go into effect now or when the child is actually in school?
My child isnt in school yet. shes only 4. The father is trying to get her half of christmas break because the custody papers say when shes in school he gets her half but she isnt in school yet. its standard christmas break for parenting time. It says the father gets her from the first day of christmas break to christmas day at 1pm. But the child is not old enough to be in school yet. Right now the father sees her every other weekend
A:
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides.
If the child is not yet enrolled in school, you need to refer to the Christmas break for your local public school district.
Occasionally, for very young children (under three years of age), a court will modify the standard possession order. But it would be unusual for the court to deprive either parent of their share of Christmas possession.
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