It’s Mother’s Day but it’s Dad’s Weekend – Who Gets the Kids?

Mother- GoransonBain AusleyHappy Mother’s Day to every mother out there. Being a mom is the hardest job in the world and it is one filled with daily frustration, concern and worry. Being a mom is also fulfilling, meaningful and entertaining job, as you assist your children in becoming the best human he or she can be.

If you are a mom sharing custody with a dad who enjoys parenting time following the Texas Standard Possession Order that a Dallas family lawyer assisted you with, you and he may have questions about who gets the kids this weekend since Mother’s Day falls on the 1st weekend of the month this year (which is normally dad’s weekend).

Under the Texas Family Code, Mother’s Day is one of the “Holiday” periods of possession that will trump normal possession occurring during a weekend or a Thursday during the school year.  This means that each parent’s holiday possession is superior to the normal periods of possession. There is no right to “make up” a weekend that was trumped by the other parent’s holiday possession. That said, allowing for make-up parenting time is often a meaningful gesture of good will and appreciation for the other parent and recognizes the importance of their role in your child’s life.

Parent CalendarThe trumping holidays include, at a minimum, the following possession periods: Christmas, Thanksgiving, a child’s birthday, Father’s Day and Mother’s Day. Many parents designate other important family or religious events as holiday periods of possession, too. For instance, Easter is a common weekend to alternate from year to year.  Just as Mother’s Day means dad will lose a weekend with the kids this year, the same is true if dad has Thanksgiving when Thanksgiving occurs immediately prior to a 4th weekend (which is normally mom’s weekend).

Happy Mother’s Day to every mom out there. After bouncing between the roles of tutor, nurse, guidance counselor, coach, cheerleader, and team player – every day and within a span of only a few minutes – it is your day to enjoy!

This post was written by Anita C. Savage.

Anita C. Savage

“The end of a marriage is an incredibly difficult time, but the decisions to be made are so important. My goal is to help clients make informed choices so they can successfully move forward after divorce.” — Anita C. Savage