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

Q: Does spring break visitation end on Sunday at 6pm if there is a teacher work day the following Monday?

(1) the possessory conservator shall have possession in

even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years;

This is how it's written. As the non custodial parent, the 3rd weekend is normally mine. The school district has spring break listed as 3/12-3/17. Monday, 3/20 is a teacher work day. On a normal basis, I would have my kids through Monday morning for school, unless Monday is a school holiday or teacher work day, and then I would take them to school Tuesday morning. So in this case, so I get them Sunday at 6pm or Monday at 6pm? Or not at all?

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: While I see the ambiguity, in my opinion, the court would likely interpret that language as you getting the child back at 6 pm on Monday 3/20.

I recommend you speak to the other parent to determine if they agree.

If both parents agree on either interpretation, I recommend you put it in writing and both sign off.

Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: This is one of these unique possession periods on which not even all attorneys can agree.

The order says that Spring Break possession ends at "6:00 pm before school resumes after that vacation". So, in your situation, since the children are not in school on that Monday, due to the teacher in-service day, your possession of your child should end on Monday at 6:00 p.m.

Also, it sounds like you have an Expanded Standard Possession Order (where you pick your child up from school on Friday and return to school following the Monday). If that's the case, since you would normally return to school on Monday, I think you would instead return your child to school on Tuesday morning. Your court order should speak to this directly.

I hope this information helps.

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