Mother's Day falls on May 10 this year, and if you are a divorced or separated parent in Texas, you may be wondering: who has the children? The answer is clear under the Texas Family Code, but that does not stop confusion — and conflict — from arising every year. At Griffin & Cain, our family law team in Conroe handles Mother's Day custody disputes more frequently than you would expect.
Here is what the law says, what it means for your specific schedule, and what to do if the other parent is not cooperating.
The Rule Is Straightforward
Under Texas Family Code §153.312(b)(1)(F), the mother has possession of the children on Mother's Day weekend regardless of the regular possession schedule. Specifically, the mother has the children beginning at 6:00 a.m. on Mother's Day and ending at 6:00 p.m. on that same day — unless the parties' order specifies otherwise.
If the mother is the noncustodial parent and the regular schedule gives the father the first, third, and fifth weekends, and Mother's Day falls on a "father weekend," the mother's possession on Sunday overrides the regular schedule. The father's weekend effectively ends Saturday night, and the mother picks up the children on Sunday morning.
Conversely, Father's Day in June works exactly the same way for fathers. Under §153.312(b)(2)(F), the father has possession from 6:00 a.m. to 6:00 p.m. on Father's Day regardless of the regular schedule.
Where Things Get Complicated
What about the whole weekend?
The statutory provision only covers Mother's Day itself — Sunday. It does not automatically extend to the full weekend. Some parents negotiate broader weekend possession for Mother's Day and Father's Day in their agreed orders, but the statutory minimum is Sunday only. If you want the full weekend and your order does not specifically grant it, you need to either negotiate with your co-parent or request a modification.
What if Mother's Day falls during spring break or summer possession?
Holiday provisions in the Standard Possession Order typically override the regular schedule but can interact with extended possession periods in unexpected ways. If the mother is not the parent with spring break possession and Mother's Day falls during spring break, the mother still has the statutory right to Mother's Day. Your specific order language governs — read the holiday section of your decree carefully.
What if the other parent refuses to comply?
If the father will not release the children for Mother's Day, the mother's options include contacting law enforcement to request assistance enforcing a court order, filing a Motion to Enforce seeking makeup time and attorney's fees, and documenting the violation for future enforcement or modification proceedings.
Under the three strikes visitation law (SB 2794), repeated denial of court-ordered possession can now escalate to criminal penalties. While a single Mother's Day violation is unlikely to trigger criminal consequences on its own, it adds to a documented pattern that becomes powerful in court.
How the ESPO Affects Mother's Day
If your order uses the Extended Standard Possession Order, the Mother's Day and Father's Day provisions work the same as the standard schedule. These holiday-specific possession periods override whatever the regular ESPO rotation would have been. The ESPO expands regular weekdays and weekends, but it does not change the holiday calendar.
What About Stepparents?
The Texas Standard Possession Order references "the mother" and "the father" as defined in the court order — these are the legal parents with rights under the decree. Stepparents do not have independent possession rights under the SPO, regardless of how involved they are in the child's life. A stepmother does not receive Mother's Day possession under the order, nor does a stepfather receive Father's Day.
This can be a source of real tension in blended families. The best approach is advance communication: if the biological mother wants the children to acknowledge their stepmother on Mother's Day, or vice versa, work it out informally well before the day arrives. Do not rely on a last-minute text asking to "share the day."
Practical Tips for a Conflict-Free Mother's Day
Communicate early and in writing. Do not wait until Saturday night to text about Sunday morning logistics. A week in advance, confirm the time and location for the exchange.
Do not use Mother's Day as leverage. If there is an unrelated dispute — unpaid child support, a disagreement about summer camps, a fight over school choice — Mother's Day is not the time to escalate it. Keep the day about the child's relationship with their mother.
If you are the father and your regular weekend overlaps with Mother's Day, plan for the child to be with their mother on Sunday. Use Saturday as your day and make it meaningful. Your children will respect you more for handling the transition with grace than for forcing a fight.
If you have questions about your possession schedule, your Mother's Day rights, or how to navigate custody in Texas, call Griffin & Cain at (936) 441-2999. We serve families across Montgomery County, Walker County, and The Woodlands.
