Holiday Planning for Divorced FamiliesWednesday, December 9th, 2015, 1:25 am
While your typical child-parent visitation schedule may work for the majority of the year, having a specific schedule for the holidays can help prevent any arguments between you and your ex. But, implementing a new schedule can often lead to questions and confusion.
Last month, we talked about tips for ensuring a smooth holiday season when dealing with your ex. This month we’ll take a look at some of the most frequently asked questions by recently divorced couples in Queens, NY when it comes to creating a holiday visitation schedule.
What if my holiday falls on my ex-spouse’s visitation weekend?
The holiday schedule you and your ex create always takes precedence over your regular visitation schedule. If “your” holiday falls on a day or weekend your child would typically spend with your ex, your child will spend the day with you.
What if holiday schedules overlap?
If you celebrate Hanukah, there may be years that your Thanksgiving and Hanukah holiday schedules overlap. The best way to handle a situation like this is to make a compromise with your ex. For example, if your spouse gets the kids for Thanksgiving, but you get them for Hanukah, allow your spouse to take them for Thanksgiving day.
Do you forfeit holidays if you frequently miss visitations?
p>While it’s never good to miss the days you’re supposed to spend with your children, your spouse cannot hold those absences against you when it comes to the holiday schedule. If your agreement states you get them for a certain holiday, you have rights to spending that period of time with your children.
Can the visitation agreements change because of work conflicts?
If work comes in your way of fulfilling an agreement with your ex – such as you can’t make a drop-off because you are expected to be at work – you still will be head responsible, unless you can get a judge to modify the order.
Will a verbal agreement hold up?
If you make a verbal agreement with your ex on how to spend the holidays, and one party decides they don’t wish to follow it anymore, it is unlikely to hold up in court. When making plans, make sure to get them recognized by the court so your spouse cannot fall back on plans you’ve already made.
Does the holiday schedule change if custody changes?
If your new custody order does not include holidays, your old holiday schedule is no longer in place and you’ll need to make a new one. But, if your old schedule was working for you and your ex, there’s no reason not to implement it again.
If I miss my holiday, do I get the next one?
If you can’t take your children on your designated holiday, it does not automatically mean you will get them for the next holiday appointed to your ex. Try to come to an agreement with your ex to switch holidays, and get it recognized by the court, before the missed holiday passes.
Remember that each state has their own recommendations for how the holidays are spent.
Queens Divorce Attorneys
A divorce attorney at FK Law Group in Queens can answer any questions you have on setting up a holiday schedule.
Our qualified attorneys at FK Law Group help individuals through Queens and New York City who need legal advice and experienced counsel throughout the divorce process. Contact the office at 800-631-1757 for information about any family or divorce matter.