Whether custody orders are done by mutual consent or the decision of the court, the orders should include language about holiday schedules for the children. Planning ahead alleviates stressful situations for the children and parents. We often are asked what a holiday schedule might look like in a court order. If a custody order is by mutual consent, the holiday schedule may have input from both parties. This is one of the reasons why we as attorneys often encourage clients to settle the custody case. It gives the client control over details such as Christmas Day schedules.
Judges will sometimes alternate Thanksgiving and Christmas holidays between the two parents. We are also asked about the results of having no court order in place. There is no statute that requires the parents to follow any particular holiday schedule. Remember, if you are going to court for custody, the judges expect to see both parents acting in the children’s best interests. If there are no valid concerns for a parent’s unfit behaviors, then children should be allowed to see both parents during the holidays.
Absent a court order, parents should put the schedule in writing and stick to it. If you have concerns or questions about your situation and the holiday schedules, we will be glad to sit down with you and discuss it. Just call the office for an appointment.