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

Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?

Here’s the decree on Spring Break:

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by DAD ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday.

Spring Vacation in Even-Numbered Years - In even-numbered

years, beginning at 6:00 p.m. on the day the child is dismissed from school for the

school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

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

A: If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being homeschooled wasn't considered at the time of your divorce.

If you already know that it's a possibility that Mother could decide that your child will not have a Spring Break because she's now homeschooling him, you should seek to start the process of getting your court order modified to get this issue addressed and resolved prior to Spring Break 2024.

You should schedule a consultation with a family attorney to discuss in more detail the Spring Break issue, and any additional issues that have come up since your divorce. There may be other provisions in your decree that needs to be modified as well.

I hope this information helps. Good luck to you!

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