Family Law

Now Is The Time to Make Sure That Your Holiday Visitation is Specified

By Ben Stevens

As the fall air turns crisp and cold and the days grow shorter, we are reminded that the holidays are just around the corner. Thanksgiving, Hanukkah, Christmas Eve, Christmas are often the most celebrated and traditional family holidays, and now is a good time to make sure that you and your co-parent are on the same page. Discussing the schedule early will help insure that there will be no last minute snags.

If you have a parenting plan that has specific times in place for the holidays, make sure that your plans conform to the parenting time that you are scheduled to spend with your children. If you and your co-parent would like to deviate from the schedule in the parenting plan, put it in writing and if possible, have it approved as a court order. This may seem extreme, but remember that agreements made outside of court, and especially agreements that are not in writing, may not be enforceable and come holiday time you could be left high and dry if the other parent changes their mind.

If you do not have specific times and instead have language to the affect of 'as the parties agree' or have no court orders in place, discuss the schedule now well in advance of the holidays. The sooner you discuss the schedule, the sooner you will know if there are going to be difficulties agreeing on parenting time and whether you may need to seek court orders. Remember, heading down to the courthouse on December 24th at 2:00 pm to attempt to get an ex-parte emergency order is not the ideal way to spend your holidays.

Source: "Holidays Are Just Around the Corner, Are You Prepared?" by Kysa M. Crusco, published at her New Hampshire Family Law Blog.

Full post as published by SC Family Law Blog on October 28, 2009 (boomark / email).