Asked in Divorce and Family Law for Texas

Q: TX SPO xmas 2023: when nonprimary possession ends at 6pm before school, do children return to primary if first weekend?

I am primary; she is secondary, TX SPO. Her Christmas possession runs 12/28 noon to 6pm Sunday before school starts Monday. I am expecting them to return to me at 6pm Sunday. However she claims that since Sunday is within the first weekend of January, at 6pm Sunday we revert to normal weekend schedule and thus they stay with her (our order reads that on 1/3/5 weekends she gets them until school starts Monday. Who is right?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If she ordinarily has possession on the 1st, 3rd, and 5th weekends until school resumes on Monday morning, she would retain possession of them at the end of the Xmas schedule until the end of her usual weekend possession on Monday morning.

Rafee'a S. Majeed agrees with this answer

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