Winter on the Texas Gulf Coast brings cooler weather, school holidays, and the occasional storm system. While many families look forward to this time, separated or divorced parents may find the season brings legal challenges as well — especially when it comes to child custody and possession schedules.
Texas court orders don't pause for winter storms or holiday breaks. If you're navigating a custody agreement in Brazoria County, it's important to understand your legal obligations and how to prepare for unexpected disruptions.
The Holiday Break Does Not Pause Possession Orders
Under Texas law, most custody arrangements follow what’s called a Standard Possession Order (SPO). These orders typically include detailed provisions for holiday possession — including Christmas, New Year’s, and alternating years.
Even if school schedules change or extend, possession orders still apply according to the child’s original school calendar.
For example, one parent may have the child from the day school dismisses for winter break until December 28 at noon, with the other parent taking possession from December 28 through the end of the break. It’s critical to review your order and understand your specific holiday schedule.
When Winter Weather Disrupts Visitation
Texas storms can disrupt travel, cause power outages, and make roads unsafe. But courts generally expect parents to follow their orders unless conditions truly prevent it.
If weather affects visitation:
- Communicate with the other parent early, clearly, and in writing (text or email)
- Document the conditions with photos, news reports, or local advisories
- Attempt to schedule makeup time where appropriate
Failure to follow a court order — even due to weather — without documented justification and communication can lead to enforcement issues or even contempt proceedings.
Holiday Travel and Out-of-State Plans
If you’re planning to travel with your child during the winter break, especially out of state, your custody order may require that you provide advance notice to the other parent. In many cases, this includes:
- Travel dates
- Destination and address
- Contact information during the trip
Joint managing conservators typically cannot make long trips or relocations without notice or agreement. Violating this part of your order could lead to legal challenges or motions to enforce.
Winter Break Is a Good Time to Reevaluate Your Custody Order
Major schedule changes often happen around the new year — new jobs, different schools, relocations. If your current custody or visitation schedule no longer fits your family’s needs, winter break is a good time to consult an attorney about a possible modification.
In Texas, courts allow modification of custody or possession orders if:
- There’s been a material and substantial change in circumstances
- The change is in the best interest of the child
If you’re regularly dealing with visitation disputes, scheduling conflicts, or travel issues, it may be time to revisit your order.
Local Considerations for Brazoria County Parents
Families in Angleton, Lake Jackson, Alvin, and other parts of Brazoria County may face different school calendars or travel challenges compared to other areas of Texas.
- Use your child's actual school calendar to determine holiday possession — especially if your child attends a charter or year-round program
- Choose safe and neutral hand-off locations during inclement weather
- Discuss contingency plans with your co-parent in case of storms, school closures, or emergency conditions
Proactive planning can help prevent last-minute legal problems.
When to Contact Jeff Gilbert Law Office
You should contact a family law attorney if:
- Your co-parent is threatening to withhold holiday visitation
- Weather has disrupted your scheduled exchanges
- You’re planning an out-of-state trip with your child and need guidance
- You’re considering a relocation or job change in the new year
- You want to modify your custody or possession order
Jeff Gilbert Law Office is based in Angleton and serves families across Brazoria County. We can help you understand your rights and protect your time with your child — no matter what the season brings.
Texas law is clear when it comes to child custody — but life rarely goes according to plan, especially during the holidays. From weather events to travel complications, knowing your legal rights and responsibilities can help you avoid unnecessary conflict and protect your child’s best interests.
If you’re facing challenges with holiday visitation or custody enforcement, contact Jeff Gilbert Law Office today at (979) 304-2160. We’re here to help families across Brazoria County navigate child custody matters with clarity, confidence, and compassion.