Spring Break Visitation in Texas: Who Gets the Kids? [2024]

It’s Spring Break for many students in North Texas, a time for kiddos to refresh, reset and rejoice over a week with no school. But what does this school holiday mean for separated parents? Who gets the kids for spring break?

If you have recently gone through a family law matter, you probably have some questions about spring break visitation in Texas. In this article, we are going to address those questions and hopefully clear up any confusion you may have so everyone can have a relaxing and enjoyable time. 

How do I find out which parent gets the kids for spring break this year in Texas?

To find out who gets the kids for spring break this year, the first thing you should do is turn to your child custody agreement. If there is nothing specific about spring break in your child custody agreement, you must then follow the Standard Possession Order (SPO), which you should have received at the conclusion of your family law matter. The SPO is a guide that establishes visitation. The language can be found in Texas Family Code 153.312 and 153.313. Here’s a 2023 SPO calendar for your convenience.

What does the SPO specifically say about spring break in Texas?

>Under the Standard Possession Order, parents who live within 100 miles of each other alternate years for spring break visitation. Kids stay with the custodial parent in odd-numbered years during spring break. In even-numbered years, the non-custodial parent gets the kids for spring break. So in 2023, the custodial parent, or possessory conservator, gets the kids.

If parents live more than 100 miles apart does that affect spring break visitation?

>Yes, if parents live more than 100 miles apart, the non-custodial parent, also called the possessory conservator, gets the children every year for spring break. This is because he or she doesn’t get the same parenting time during the year as parents who live closer.

If it’s my year for spring break visitation, what time do I pick up and return my child?

>Spring break visitation or possession begins at 6 p.m. on the day your child is dismissed from school for spring break and ends at 6 p.m. on the day before your child is set to return to school.

What if we don’t have any orders and can’t agree about spring break visitation?

>If the parents can’t come to an agreement about spring break visitation and don’t have a court order, it’s important to contact a family law attorney. If it is contentious now, then it likely will not get easier in the future. It’s best to contact an attorney so that you can get orders in place regarding possession.

Can parents agree to a spring break schedule or plans that are not in the court order?

>Yes, parents can agree to a different schedule or plans. As long as mom and dad are on the same page as co-parents, they can agree to a different spring break visitation schedule or access arrangement than what is in the court order. Still, it’s best to get it in writing.

Dispute Over Child Visitation? Contact Us.

If you need help resolving a conflict over spring break visitation, child custody or any family law matter, it’s important to speak with an experienced child custody attorney. The legal team at Varghese Summersett Family Law Group understands there is nothing more important than your children. We will explain your legal options and help you protect your parental rights and possession to your children. We have expertise handling high-conflict custody and visitation disagreements. Call 817-900-3220 to schedule a consultation with an experienced child visitation lawyer.