Most Standard Possession Orders (SPO) in Texas make specific
reference to weekends extended by student holidays and teacher in-service days,
or set the beginning and end of periods of possession by a parent at the time
that “school” begins or ends. But which
“school” calendar controls these matters?
Unless defined differently in the specific possession order
or divorce decree, “school” in a Texas SPO means either:
- the primary or secondary school in which the child is enrolled, or
- if the child is not enrolled in school, the public school district in which the child primarily resides.
So, for children who are too young to attend school, parents
should refer to the calendar for the school district in which the child would
attend public school based on his or her primary residence (as established by
the parent with the exclusive right to designate the child’s primary
residence).
For children attending private school, or who go to a school
outside their “regular” district, parents should follow the calendar of the
school in which their child is actually enrolled.
However, when all else fails, parents should remember that
they can agree upon a different definition of “school,” and they can always
agree to alter the standard possession schedule so that it makes practical
sense for themselves and their child. Such agreements should be documented in
writing, and signed by both parents to avoid any future disagreements or
confusion.
By: Cynthia W. Veidt
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