Holiday Custody Schedules: Splitting Thanksgiving, Christmas and New Year's

A holiday custody schedule is the part of a custody order that sets where your children spend Thanksgiving, winter break and New Year's, and it usually overrides the regular weekly schedule. Most schedules mix three patterns: alternating by odd and even years, splitting a holiday or break into parts, and giving a holiday to the same parent every year.

This article is general legal information, not legal advice. Laws vary by state and situation, and reading it does not create an attorney-client relationship. For advice about your case, talk to a licensed attorney.

Key takeaways

• Holiday schedules mix three patterns: alternating by odd and even years, splitting a holiday or break, and fixing a holiday with one parent every year.
• Texas's standard possession order, Indiana's Parenting Time Guidelines and California's holiday schedule form all put holiday time ahead of regular weekends.
• 2026 is an even year, so the Texas default gives Thanksgiving to the managing conservator and the Indiana default gives it to the noncustodial parent.
• Parents can trade a holiday by agreement, but a lasting change takes a court order; in Texas it must serve the child's best interest, usually after a material and substantial change in circumstances.
• A child under 16 needs both parents' consent for a U.S. passport, and a notarized consent on Form DS-3053 is valid for 90 days.

Three ways to divide a holiday

Almost every holiday clause is built from the same three blocks. The right mix depends on the distance between homes, the children's ages and which days each family actually celebrates.

Pattern	How it works	State default example	Trade-off
Alternating	One parent has the holiday in even years, the other in odd years	Thanksgiving in Texas (Family Code § 153.314) and Indiana	Each parent misses it every other year, but there's one exchange
Split	The holiday or break is cut into two blocks with a set exchange time	Texas splits Christmas break at noon December 28; Indiana splits it in half	Children see both parents each year, with more driving and handoffs
Fixed	The same parent has the day every year	Mother's Day and Father's Day in Texas and Indiana	Fits families who celebrate on different days, such as Christmas Eve and Christmas Day

Plans often combine them: Thanksgiving alternates, winter break splits, and Christmas Eve stays with the parent whose family gathers that night. California's Judicial Council form FL-341(C) is designed for this. Each holiday gets its own line, marked for one parent every year, in even years or in odd years, and Thanksgiving Day, Thanksgiving weekend, December 31 and January 1 each get separate lines.

Timing is where vague schedules fall apart. "Thanksgiving with Dad in odd years" doesn't say whether that means Thursday afternoon or Wednesday evening through Sunday. The California form asks for starting and ending days and times on every line, a habit worth copying in any state.

How state default schedules handle Thanksgiving through New Year's

Some states publish a default schedule that applies unless the parents or the judge choose something else. Even if your order is custom, the default shows the starting point a court in that state works from.

State and source	Thanksgiving	Winter break and New Year's	Default result for 2026
Texas, Family Code § 153.314	Possessory conservator in odd years, managing conservator in even years; 6 p.m. the day school lets out until 6 p.m. Sunday	Possessory conservator has 6 p.m. on the last school day until noon December 28 in even years, and noon December 28 until 6 p.m. the day before school resumes in odd years; New Year's falls in the second block	Managing conservator has Thanksgiving; possessory conservator has the first part of the break
Indiana, Parenting Time Guidelines § II.F	Noncustodial parent in even years, custodial parent in odd years; 6 p.m. Wednesday until 6 p.m. Sunday	Split in half; custodial parent has the first half in even years; New Year's Eve and Day are not separate holidays	Noncustodial parent has Thanksgiving; custodial parent has the first half of the break
California, form FL-341(C)	Separate lines for Thanksgiving Day and weekend	One line for the December/January school break; separate lines for December 31 and January 1	The form sets no default; parents or the judge fill in each line

In Texas, the possessory conservator is usually the parent the child doesn't primarily live with. These holiday periods apply however far apart the parents live and override conflicting weekend or Thursday time. Parents may also share possession at any times they agree on in advance, with the order controlling when they don't (§ 153.311).

Indiana presumes its guidelines apply in every case. Two details catch parents off guard. A parent whose half of the break doesn't include Christmas still gets the child from noon to 9 p.m. on Christmas Day. And a regular weekend lost to the other parent's holiday isn't made up, while a parent who gets two weekends in a row because of a holiday keeps the third one too.

Whatever your state, the order signed in your case controls, not the default. Indiana says so directly: an existing order is enforced under the version of the guidelines in effect when it was issued.

## What courts expect from a holiday schedule

In Texas, the child's best interest is the primary consideration in every possession decision (§ 153.002), and our guide to how child custody is decided covers the factors judges weigh. On holidays, three expectations come up most.

Follow the schedule as written. Indiana's guidelines say scheduled time "shall occur as planned" and reject excuses such as a minor illness, a child who doesn't want to go, or the other parent being behind on support. They also say neither parenting time nor child support can be withheld because the other parent broke the order; only the court can impose a penalty.

Try to settle disagreements first. Indiana requires parents to make every effort to resolve a parenting time dispute, including through mediation, before going to court, and to mediate once a case is filed unless the judge says otherwise.

Be specific. Aim for enough detail that a stranger could read the order and know where the child belongs at 7 p.m. on December 24. Our guide to what to include in a parenting plan covers the rest of the plan.

Changing a holiday schedule

A one-time trade and a permanent change are different things, and confusing them starts a lot of disputes.

Trading a holiday this year

If you both agree to swap Thanksgiving this year, you can usually just do it; Texas law expressly allows possession at times the parents agree to in advance. Put the swap in a text or email with dates and exchange times so there's no argument later about what was agreed.

If a swap costs one parent time, Indiana's guidelines call for make-up time as soon as possible. When the parents can't agree on when, the parent who lost the time picks it within one month, and make-up time can't be used to take the other parent's scheduled holidays.

Changing the order for good

A permanent change needs a new court order. In Texas, a court can modify possession when that's in the child's best interest and circumstances have materially and substantially changed since the last order, or another listed ground applies (§ 156.101). Arizona generally bars a motion to modify parenting time within one year of the decree unless the court allows it on affidavits that the child's environment may seriously endanger the child (A.R.S. § 25-411(A)).

If this Thanksgiving is the problem and the other parent won't agree, plan on the current order controlling. Filing, serving the other parent and, in states like Indiana, mediation all come before a judge rules. Ask your court's self-help center how long contested family cases are taking before you count on a ruling in time.

## Consent for holiday travel

Check what your order says about trips

California's holiday form includes optional travel terms worth knowing. One item requires written notice of vacation plans a set number of days ahead, plus an itinerary with departure and return dates, destinations, flight information and an emergency phone number. Check boxes then say either that a vacation may be outside California, or that any trip outside California or the United States needs the other parent's prior written consent or a court order.

Indiana's guidelines require that whenever a child travels out of the area with either parent, the other parent gets an itinerary with dates, destinations and where the child can be reached, or the name and number of someone who knows.

Passports for children

For a child under 16, both parents must sign the application in person, or the parent who can't appear signs Form DS-3053 before a notary or passport officer. That consent is valid for 90 days from the notary's date. A parent with a court order granting sole legal custody may not need the other parent's consent, but an order giving joint legal custody is treated as requiring both parents' permission (22 CFR 51.28). For children 16 and 17, one parent must know about the application, and the State Department may ask for written consent. If you're traveling abroad over winter break, check current processing times on travel.state.gov before you book.

Crossing a border with one parent

Each country sets its own entry rules for children. Canada, for example, tells a parent traveling with a child alone to bring the child's passport, a copy of the birth certificate and a letter of authorization from the parent who isn't traveling, with that parent's address, phone number and a copy of their signed passport or ID card. Separated parents who share custody should also carry the custody documents.

When to talk to a lawyer

A short consultation is worth it when the problem is bigger than one swapped weekend. Talk to a family lawyer if:

• your order says only "holidays as agreed" or leaves out times and exchange points, and you can't agree;
• the other parent has kept the children past a holiday or refused a handoff more than once;
• you want to travel abroad and the other parent won't sign the passport consent or a travel letter;
• you've been served with a request to modify the order, or you're thinking about filing one;
• there's family violence or a real risk a child won't be returned (Indiana's guidelines don't apply to these situations at all).

You can find a family law lawyer near you in our directory. If the schedule change is part of a wider renegotiation, our Child Support Estimator gives you a rough monthly figure to bring to that conversation.

Frequently asked questions

Who gets Thanksgiving in 2026?

It depends on your order. Under the Texas standard possession order, the managing conservator has Thanksgiving in even years, so 2026 goes to that parent, from 6 p.m. on the day school lets out until 6 p.m. Sunday. Under Indiana's guidelines, the noncustodial parent has it in even years, from 6 p.m. Wednesday until 6 p.m. Sunday. Custom plans and other states differ.

Does the holiday schedule override the regular weekend schedule?

Usually, yes. Texas says its holiday periods supersede conflicting weekend and Thursday time, Indiana gives holidays precedence over regular and extended parenting time, and California's holiday form gives the holiday schedule priority unless the court orders otherwise. If your order says something different, the order controls, so check what it says about the weekend a holiday displaces.

How is Christmas Eve usually split?

There's no single rule. Some plans give Christmas Eve to one parent and Christmas Day to the other, every year or alternating, and others split the whole break. Texas divides the break at noon December 28, so both days stay with one parent in a given year. Indiana splits the break in half and gives the parent whose half misses Christmas the child from noon to 9 p.m. that day.

Can my ex take our child out of state for the holidays without asking me?

It depends on the travel terms in your order. Some orders allow out-of-state trips with written notice and an itinerary, and others require the other parent's written consent or a court order. California's holiday form offers both options. If your order says nothing about travel and you fear the child won't come back, ask a family lawyer about a court order before the trip.

What if the other parent won't follow the holiday schedule?

Don't respond by keeping the child or holding back support; in Indiana, only the court can punish a violation. Keep a dated record, ask in writing for make-up time, and if it keeps happening, file to enforce the order. Indiana's guidelines say unjustified violations can bring contempt sanctions, including fines, and the court can order the violating parent to pay attorney fees.