With the holiday season upon us, we often see placement disputes. It is important to follow your judgment of divorce or paternity when it comes to holiday placement. The holiday schedule set forth in the court order takes precedence over regularly scheduled placement and should be followed except upon mutual agreement.
If you do not have a specific holiday schedule, the courts typically find that holidays should alternate which means whoever had the last holiday has the next upcoming holiday. Christmas Eve and Christmas Day are separate holidays and each parent should see the children on one of those days. The same is true with New Year’s Eve and New Year’s Day. However, if the family of one parent has a typical tradition (i.e. always Christmas Eve), then that parent should receive that holiday assuming the other parent also doesn’t have family traditions on that day.
Please keep in mind that in disputes, the children are the ones who suffer. They have the right to spend holidays with both parents and to see and spend time with both sides of their families.
Happy holidays to you.