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Modifying child custody orders for the holiday season

On Behalf of | Dec 26, 2024 | Child Custody |

In many cases, a child custody schedule is generally set up to align with the family’s daily routine. For instance, two parents may share custody, and their children may simply live with their father for one week and then their mother for the following week. For the majority of the year, this schedule is simple and easy to follow, and it fairly divides custody.

However, holidays can make things more complicated. Some couples address this in advance, perhaps by alternating holidays. One year, the children will be with their father on Thanksgiving and their mother on Christmas. The following year, those will switch so that the children are with their mother for Thanksgiving and their father for Christmas.

But what do you do if your schedule isn’t already set up this way and you want to modify it for the holiday season? It’s important to know what steps to take.

When are modifications needed?

Modifications could be used for all major holidays, such as Thanksgiving, Christmas, spring break, Easter, or New Year’s. Many parents also want to consider their child’s birthday or minor holidays that result in a three-day weekend or extra time off from school.

Exactly how these modifications are set up can differ from one case to the next. 

For instance, even if it is your ex’s week to have full custody of the children, you may want to see them on Christmas. You and your ex could modify the schedule temporarily so that you are with the children on Christmas Eve and they are with the children on Christmas Day. 

Some parents also choose to divide the day, having the children spend the morning with one parent and the afternoon with the other parent. Often, parents have to consider factors such as spending time with extended family members and how much travel will be involved.

Do not violate the custody order

The most important thing to remember is that you and your ex need to work together. You may need to go through the court system if you want to make official modifications to the custody agreement. One thing you should avoid is adjusting the schedule without your ex’s consent and violating the order. 

For instance, if you want to see the children on New Year’s but your ex has custody, unless they agree to a modification or the court alters the standing order, you cannot simply keep the children at your house. You still have to exchange custody as ordered until the modification is made.

The holidays can certainly complicate what could otherwise be a simple child custody arrangement. Make sure you know exactly what legal options you have and what steps to take at this time.

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