October 31, 2011

All over Austin and the central Texas area, there will be parents dealing with their visitation rights and the Halloween ritual tonight. Parents may be wondering if they have a right to see their child on Halloween and take the child trick or treating.

The Texas Family Code (TFC) section 153.311 provides that upon mutual agreement of the parents, the parents may have possession as they wish. You have to have an agreement and you have to have it in advance. What if you don't and the other side does not agree? You will need to mediate or file for a Modification.

The Standard Possession Order has provisions for access during the regular school year, Thanksgiving, Christmas, Spring Break, summertime, Father's Day, Mother's Day and visitation during the children's birthdays. It does not address other important dates. This may seem unnecessary for merely Halloween night as it comes only once a year and last a few hours. However, you may have a significant concern about possession with your children during religious holidays, family reunions, and other family rituals, not included in the Standard Possession Order.

When there is no agreement, you have to have a valid order. If you are working on your first orders for your children, now is the time to address these concerns. If you have an existing order, you may wish to modify it for these important dates. They are your children and it is your family. If you can come to an agreement, it always helps. You may wish to mediate these matters. A good Family Law Attorney and Mediator can help you understand how to proceed in this area.