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Can you modify child custody arrangements for holidays?

On Behalf of | Oct 16, 2024 | Family Law

Barbecue dinners in the garden are great, but what if you want to make special holiday memories and go on a trip instead? Whether traveling out-of-state or out-of-the-country, extended holiday trips can clash with your child custody arrangement.

If your holiday travel plans and custody arrangements do not match, here’s what you can do.

Negotiate a temporary custody modification

Changes to a parenting plan or child custody arrangement generally require a formal petition with the court. This is usually the case for permanent modifications. But for a one-off change for the holidays, you may try negotiating with the other parent first.

If you are on good terms with your ex-spouse, you can work out an informal and temporary holiday custody plan yourselves rather than bringing the matter to court.

Tips for negotiating a holiday custody plan

It’s best to enter negotiations with reasonable expectations. Here are a few tips that may help:

  • Start with a high ask
  • Request rather than demand
  • Keep open and clear communication lines
  • Be flexible regarding alternative arrangements
  • Be ready to return the favor

If your co-parent is willing to work with your request, hear their requests as well. You may trade days or weeks of your usual parenting time or other holidays to compensate for the change in holiday custody arrangements.

Keep a written record of your agreement

Once you and your co-parent reach an agreement, make sure to have it in writing. A signed copy of your written agreement may help you in case the other parent changes their mind.

As such, it’s a good idea to enlist the help of an experienced legal professional. They can memorialize your agreed-upon holiday parenting time with a written document. Moreover, they can offer legal advice to ensure you and your spouse still work within your court-ordered custody arrangement.

The earlier you plan, the better

As fun as the holidays can be, it can also be a stressful and complicated time for divorced parents. Planning for the holidays earlier may help you and your co-parent stay amicable. It gives you time to talk things through, not only among yourselves but also with your children. And if negotiations fail, you may still have time to file a custody modification petition.

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