Texas Standard Possession Orders relating to minor children that are subject to a Texas Family Law case are often in dispute during the holiday season. The Texas Standard Possession Order has an alternating holiday possession schedule in place that essentially gives one parent the Thanksgiving vacation and the other parent the Christmas vacation until the 28th at noon.
Some parents live far apart, and it will sometimes happen that plans are crossed and the holiday access to the minor children is denied for insincere reasons. When this happens, one may be able to enforce the court order with penalties and make-up time ordered. If there is a pattern of denial of holiday access, one may request the court modify the holiday possession schedule to provide for safeguards and additional access based on that pattern.
Courts like to keep it fair. The courts have a duty to act in the best interest of the children. Judges do not like to hear of an unjustified denial that is suited for only one parent because of family pressure or an idea that they have a superior right to choose when to follow a court order.
How to Resolve This in Court
If one is denied holiday access because there is a pattern of drug use, excessive alcohol use, or abuse or neglect, then there must be a pleading with the court to modify the possession schedule with the appropriate motions to prove these issues through clear and convincing evidence. If Easter is not included, or Halloween, or other holidays that are significant to you, even the 4th of July, one may ask the court to make orders to distribute those fairly as well.
For more information, call The Barrera Law Firm for a free consultation at 956-428-2822.
