In our last blog post, we outlined the basic definitions of legal custody and physical custody. We also provided examples of a custody schedule for children, including alternating weeks with each parent or having every other weekend with the non-custodial parent. However, even between parents who agree on nearly everything when it comes to co-parenting, all families can hit a snag when it comes to holidays. It can take sacrifice and understanding to set up a schedule that is fair, especially if there’s no ordered or agreed-upon schedule. So, it’s important to know your rights no matter your position.
Courts use a standard of “best interests” when determining a custodial arrangement for a child. If parents share joint legal and physical custody of a child, then both parents have been found fit and proper to exercise custody. To award sole legal custody to one parent in a contested legal action, a judge typically finds that the noncustodial parent is not fit and proper to have legal custody of the child and might limit that parent’s visitation as well. A non-custodial parent’s visitation must be set up to promote the “best interests” of the child, whether it is every other weekend, one weekend per month, after school visits, supervised visitation, or, in exceptionally rare cases, no visitation at all. If parents live far apart, a judge might award primary custody to one parent and give the other parent the child’s entire summer vacation time.
The holiday schedule must also promote the “best interests” of the child. It’s nearly always preferable for the two parents to reach an agreement on the holiday schedule rather than litigate the issue in court. So, know your rights as either a joint custodian or a non-custodial parent and make family decisions based off how both parents can most positively impact the child’s holiday experience.
This post is intended to offer general information about the subject. Contact our office to consult with an attorney about your specific situation and how the laws relating to child custody and visitation affect you and your child.