March and Spring Break Visitation in Texas

March is quickly approaching, what do we have on tap in March under a Texas standard visitation order?

The non-custodial parent will have the right to visitation on the weekend of the 21st of March, which is the 3rd Friday of the month. We know from previous posts that weekends are measured by Fridays in Texas and those Fridays are the 1, 3 and 5th Friday of the month.

You may be asking yourself, where is the 1st Friday of the month?  That is a great questions.  If you remember, holiday visits in Texas are superior to weekend or midweek visits.  The 1st Friday in the month of March is the 7th.  If this date is your child’s Spring Break, then you are getting Spring Break already and are not concerned with the weekend visit.

However, if your child’s Spring Break is the following week, you would get the child on the 7th of March (1st Friday of the month), keep the child the following week (spring break) and return the child at the time designated in your order the following Sunday.  You will also get the 21st (3rd Friday).

So if my math is correct, and your child has Spring Break the week of March 10th, then under the Texas standard possession order, you are getting three weekends in a row.  That doesn’t sound to bad for the non-custodial parent, however, for the custodial parent that does not work out to well.

This is a situation where the standard visitation order gets a little clunky, but there is no way around it because there has to be some consistent dates for holidays.

You will get every Thursday (or Wednesdays in older orders) this month.  Of course one of those is actually your holiday visit, and the others are you standard visitation, during the school term, visits.

Hope that helps!  Talk to you soon.

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18 Responses to March and Spring Break Visitation in Texas

  1. P Leonard March 4, 2014 at 2:02 pm #

    I’m looking at the calendar from the Office of the Attorney General. My Ex is the NCP and I think we messed up March. He had our child last weekend b/c we figured that was the last day of the month/first weekend.
    Now I see he should have her this weekend 3/7 and then for Spring Break 3/14-3/23 but NOT 3/28.
    Is that correct?
    Also, how do parent’s work out Easter? It seems like his weekend falls on Easter each year and this year I finally negotiated for that weekend.

  2. Chris Schmiedeke March 4, 2014 at 3:04 pm #

    You are correct in your dates. You have to remember that it is the first, third and fifth Friday of the month, not weekend.

    As for Easter, if an order does not specifically divide the Easter holiday, then it will just revert back to the standard weekends under a standard possession order.

    Good luck.

  3. Philip D. March 10, 2014 at 10:54 am #

    Hi! Thanks for posting all these information, they help a lot. I am from another state, our Child Support order was registered where I am based now, but the original order was from yet another state. My son and the custodial parent moved to Texas after the divorce. We’ve been okay for the last few years with visitation. However, recently, she has refused visitation on the grounds that my child, who is 12, does not want to visit. I read your post on kids and refusal to visit but what do you do when your ex supports this and encourages my child to legally divorce me too? I hope you can write about this. How does a non-custodial parents who is outside Texas, deal with this. Thank you in advance.

  4. miss vanessa April 25, 2014 at 6:58 am #

    I am a little confused how the weekend’s work when a fifth and first weekend are back to back. For example may 30th and june 6th? Would the non custodial parent get the child two weekends in a row?

    Thank you

  5. Tracy W. February 16, 2016 at 1:47 pm #

    For the upcoming Spring Break 2016, I have a question. I am the non-custodial parent, and have a SPO with extensions (Monday mornings school return). Since I have Spring Break this year, do I have to return my daughter on Sunday, March 20 at 6 p.m., or do I have her until Monday morning school time, since the weekend of March 18 is the third weekend?

    Thank you.

  6. Chris Schmiedeke February 16, 2016 at 2:15 pm #

    What does your order say under the Spring Break section? My guess is that the answer is right there.

  7. Chris Schmiedeke February 16, 2016 at 2:18 pm #

    Yes. However, your example does not apply as May 30th and June 6th are Mondays. There are not 5 Fridays in May. There are 5 Fridays in September.

  8. Chris Schmiedeke February 16, 2016 at 2:19 pm #

    You need to enforce your visitation. Most courts will agree that a 12 year old is not old enough to make those kinds of decisions. Contact an attorney in the county where the child lives and get something on file. Good luck.

  9. Joy February 28, 2016 at 2:13 pm #

    I am the ncp and have three wknds in a row in March. If I voluntarily allow my ex to have what would be his normal wknd (as requested) does this mean I risk losing the week of spring break since I’m not following the decree and taking possession as stated? My ex is an attorney and knows the laws better than I do. I don’t foresee this happening, but feel like I always need to understand my rights just in case

  10. Chris Schmiedeke March 2, 2016 at 8:49 am #

    I am not following what you are asking. However, in general it is best to get all agreements in writing if there will be deviation from the decree.

  11. Kimberly March 20, 2016 at 9:26 am #

    Hi, I have a question about Easter this year. My daughter’s father has Thursday overnights and take to school on Fridays. This Friday is Goid Friday so there is no school. It is my weekend, so when is she supposed to be returned on Friday? At the time school would start on Friday or later that day? Thank you.

  12. Texas mother March 21, 2016 at 7:33 am #

    I’m a custodial parent on my order it doesn’t specifically divide the Easter holiday recently he have me a letter telling me he would have him this Easter year would I be goin against my order if I don’t le him go

  13. Chris Schmiedeke March 22, 2016 at 12:53 pm #

    Just follow your order. Easter falls on a custodial parent’s weekend this year, so I would think that he is not entitled to possession. However, I do not have your order in front of me so I don’t know.

    If there is any provision in there that allows for visitation for Easter or allows them this weekend, just follow the order.

  14. Chris Schmiedeke March 22, 2016 at 12:55 pm #

    There should be a provision in your order that says what happens if a return is supposed to take place at school and school is not in session. Look under the General Terms and Conditions section. My orders usually state 8:00 a.m.

    If your order does not have those provisions, you may need to consider modifying the order and adding them so there is no confusion.

  15. Lee March 24, 2016 at 3:17 pm #

    I have a standard order, and we love over 100 miles apart. NcP just returned her from her extended spring break visit. Does she get another weekend?

  16. Lee March 24, 2016 at 3:18 pm #

    Does she get another weekend for March?

  17. Devin Newman March 15, 2017 at 8:29 pm #

    My orders state last day of school on friday until start of school monday is spring break with me (mother and custodial parent) yet farther states his weekends trump that schedule? I feel if the courts knowingly alternate weekends for non custodial parent why use those dates specifically including 2 concurrent weekends?

  18. Chris Schmiedeke April 3, 2017 at 8:27 am #

    I am sorry, I am not understanding your question.

    Be sure and check out my new website www.chrislawyer.com as I am phasing out this blog and moving everything to my website.

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